Reporting / 03.05.2020

Who is the secretary of the general meeting of owners. The counting commission of an apartment building: the procedure for election and the role in the meeting of owners. Violation of the procedure for transferring documents to GZI

This article will be useful for you if you are wondering how to choose the right chairman. general meeting owners, secretary and counting commission.

You will find out if there are any requirements for the listed candidates and whether it is necessary to include the issue of their election in the agenda of each meeting.

The issue of choosing the chairman of the general meeting on the agenda

chairman of the OSS,
Secretary of the OSS,
the counting commission of the OSS.

If you do not want to include these issues on the agenda every time, you do not need to include them. In this case, at one of the previous meetings, decide that the people selected for these positions will retain their positions for a certain period of time. For example, for a year or for the next few meetings.

If the chairman or secretary, who has been elected for a certain term, cannot attend any meeting, the issue of the election of other people is included in the agenda. If someone from the counting commission does not get to the meeting, then its composition is approved anew.

If the owners on the OSS reject the proposed candidates for the chairman, secretary of the meeting and members of the counting commission, the minutes are signed by the initiator of the meeting (clause 21 of the order of the Ministry of Construction of the Russian Federation of January 28, 2019 No. 44 / pr).

Recall that the agenda also always includes:

a list of issues that the meeting plans to consider;
the question of the place of storage of protocols and other documents related to the conducted OSS. This issue can be resolved once and not included in the agenda of the next meetings.

Requirements for the candidacy of the chairman of the OSS

The legislation does not impose any requirements on the candidacy of the chairman, secretary of the general meeting and members of the counting commission, and the procedure for their election. Nevertheless, they are elected from among the owners of premises in the MKD.

The Ministry of Construction of the Russian Federation explained that the chairman of the meeting and the secretary may be part of the counting commission, since the composition of the counting commission is determined by the decision of the owners.

The Ministry of Construction of the Russian Federation recommends that the initiator determine candidates for the counting commission in advance in preparation for the general meeting of owners (order of the Ministry of Construction of the Russian Federation of July 31, 2014 No. 411 / pr).

The duties of the chairman, secretary of the general meeting and members of the counting commission are also not defined by law. The chairman presides over the meeting, the secretary draws up and draws up the minutes, the counting commission counts the votes of the participants and sums up the voting results on each item on the agenda.

In addition, the members of the counting commission identify invalid decision forms and check the credentials of the owners' representatives. At the end of the meeting, the chairman, secretary and members of the counting commission sign the protocol of the OSS (

For owners of premises in apartment building, initiative groups on the procedure for the creation and activities of the Council of an apartment building.

A memo to owners of premises in an apartment building, initiative groups was developed in order to provide methodological assistance in the implementation of the provisions of the Housing Code Russian Federation(taking into account the Federal Law of the Russian Federation of June 4, 2011 No. 123-FZ "On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation"), on the election of the council of the apartment building and the chairman of the council of the house by the owners of the premises of the apartment building. The Memo provides recommendations for organizing and holding general meetings of owners of premises in apartment buildings for the election of the Council of an apartment building.

1. Powers of the general meeting of owners of premises in an apartment building.

The general meeting of owners of premises in an apartment building is the management body of an apartment building (Article 44 of the Housing Code of the Russian Federation).

In accordance with clause 5. of Article 45 of the Housing Code of the Russian Federation, in the message about holding a general meeting of owners of premises in an apartment building, the form of holding this meeting (meeting or absentee voting) must be indicated. If, when holding a general meeting of owners of premises in an apartment building through the joint presence of owners of premises in this building to discuss issues on the agenda and make decisions on issues put to a vote, such a general meeting did not have the quorum specified in part 3 of Article 45 of this Code , in the future, decisions of the general meeting of owners of premises in an apartment building with the same agenda can be taken by absentee voting (transfer to the place or address specified in the notice of holding a general meeting of owners of premises in an apartment building, written decisions of the owners on issues put to a vote) - part 1 of article 47 of the Housing Code of the Russian Federation.

For reference: part 3 of Art. 45 of the Housing Code of the Russian Federation: The general meeting of owners of premises in an apartment building is legally competent (has a quorum) if the owners of premises in this building or their representatives who have more than fifty percent of the votes the total votes.

The decision of the general meeting of owners of premises in an apartment building, adopted in accordance with the procedure established by the Housing Code of the Russian Federation, is mandatory for all owners of premises, including those who did not take part in the voting.

2. The obligation of the owners of premises in an apartment building to elect the Council of an apartment building.

In the event that an association of homeowners has not been created in an apartment building, or this house is not managed by a housing cooperative or other specialized consumer cooperative, and at the same time there are more than four apartments in this house, the owners of premises in this house at their general meeting are obliged to elect the council of an apartment building from among the owners of premises in this house. Registration of the council of an apartment building with local governments or other bodies is not carried out. (Part 1 of Article 161 1 of the Housing Code of the Russian Federation).

3. Powers of local self-government bodies to resolve issues at a general meeting of owners of premises in an apartment building.

In the cases specified in part 1 of Article 161 1 of the Housing Code of the Russian Federation, provided that during the calendar year the decision on the election of the council of an apartment building by the owners of the premises in it is not taken or the corresponding decision is not implemented, the local government shall convene a general meeting of owners within three months premises in an apartment building, the agenda of which includes issues on the election of the council of an apartment building in this house, including the chairman of the council of this house, or on the creation of an association of homeowners in this house. (Part 2 of Article 161 1 of the Housing Code of the Russian Federation).

The local self-government body, on the basis of an appeal by the owners of premises in an apartment building, the chairman of the council of an apartment building, management bodies of a homeowners' partnership or management bodies of a housing cooperative or management bodies of another specialized consumer cooperative on the failure of the management organization to fulfill the obligations provided for in Part 2 of Article 162 of this Code, shall organize checking the activities of the managing organization within five days in the manner prescribed federal body executive power, carrying out the functions of developing public policy and legal regulation in the field of construction, architecture, urban planning (with the exception of state technical accounting and technical inventory objects capital construction) and housing and communal services. If, based on the results of this inspection, it is revealed that the management organization has failed to comply with the terms of the agreement for the management of an apartment building, the local government, no later than fifteen days from the date of the relevant appeal, convenes a meeting of owners of premises in this building to resolve issues on terminating the agreement with such choosing a new management organization or changing the way this house is managed. (Part 1 of Article 165 of the Housing Code of the Russian Federation).

4. Restrictions that must be observed when electing the council of an apartment building.

An apartment building council cannot be elected for multiple apartment buildings. (Part 3 of Article 161 1 of the Housing Code of the Russian Federation).

5. Requirements for the selection of members of the Council of an apartment building.

The number of members of the council of an apartment building is established at the general meeting of owners of premises in an apartment building. Unless otherwise established by a decision of the general meeting of owners of premises in an apartment building, the number of members of the council of an apartment building is established taking into account the number of entrances, floors, apartments available in this building. (part 4 of article 161 1 of the Housing Code of the Russian Federation).

6. Powers of the Council of the apartment building.

Apartment building tip:

ensures the implementation of decisions of the general meeting of owners of premises in an apartment building;
submits to the general meeting of owners of premises in an apartment building as questions for discussion of proposals on the procedure for using common property in an apartment building, including the land plot on which this house is located, on the procedure for planning and organizing maintenance and repair work common property in an apartment building, on the procedure for discussing draft agreements concluded by the owners of premises in this building in relation to common property in this building and the provision of utilities, as well as proposals on the competence of the council of an apartment building, elected commissions and other proposals on issues, decisions on which does not contradict this Code;
submits proposals to the owners of premises in an apartment building on planning management of an apartment building, organizing such management, maintaining and repairing common property in this building;
submits to the owners of premises in an apartment building, prior to consideration at the general meeting of owners of premises in this building, its opinion on the terms of draft agreements proposed for consideration at this general meeting. In the event that a commission for evaluating draft contracts is elected in an apartment building, the said conclusion shall be submitted by the council of this building together with such a commission;
exercises control over the provision of services and (or) performance of work on the management of an apartment building, maintenance and repair of common property in an apartment building and over the quality of communal services provided to owners of residential and non-residential premises in an apartment building and users of such premises, including premises that are part of the common property in this building;
submits for approval to the annual general meeting of owners of premises in an apartment building a report on the work done. (part 5 of article 161 1 of the Housing Code of the Russian Federation).

7. The procedure for election, powers of the chairman of the Council of an apartment building.

From among the members of the council of an apartment building, at the general meeting of owners of premises in an apartment building, the chairman of the council of an apartment building is elected.

The chairman of the council of an apartment building manages the current activities of the council of an apartment building and is accountable to the general meeting of owners of premises in an apartment building.

Chairman of the council of an apartment building:

before the general meeting of owners of premises in an apartment building makes a decision to conclude a management agreement for an apartment building, he has the right to enter into negotiations regarding the terms of this agreement, and in the case of direct management of an apartment building, the owners of premises in this building have the right to enter into negotiations regarding the terms of contracts specified in parts 1 and 2 Article 164 of this Code;
brings to the notice of the general meeting of owners of premises in an apartment building the results of negotiations on the issues specified in paragraph 1 of this part;
on the basis of a power of attorney issued by the owners of premises in an apartment building, concludes, on the conditions specified in the decision of the general meeting of owners of premises in this building, an agreement for the management of an apartment building or contracts specified in parts 1 and 2 of Article 164 of this Code. Under the contract for the management of an apartment building, all owners of premises in an apartment building acquire rights and become obligated, who have provided the chairman of the council of an apartment building with powers certified by such powers of attorney. The owners of premises in an apartment building have the right to demand from the management organization a copy of this agreement, and if the apartment building is directly managed by the owners of premises in this building, copies of agreements concluded with persons providing services and (or) performing work on the maintenance and repair of common property in this building , from the specified persons;
monitors the fulfillment of obligations under concluded contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building on the basis of a power of attorney issued by the owners of premises in an apartment building, signs acts of acceptance of services rendered and (or) works performed on the maintenance and routine repairs of common property in an apartment building, acts on violation of quality standards or frequency of services and (or) performance of work on the maintenance and repair of common property in an apartment building, acts on the failure to provide utilities or the provision of utilities of inadequate quality, and also sends to the authorities local self-government appeals on non-fulfillment by the managing organization of the obligations provided for by part 2 of Article 162 of this Code;
on the basis of a power of attorney issued by the owners of premises in an apartment building, acts in court as a representative of the owners of premises in this building in cases related to the management of this building and the provision of utilities. (parts 6,7,8 of article 161 1 of the Housing Code of the Russian Federation).

8. Terms of validity, terms of re-election of the Council of the apartment building.

The council of an apartment building is valid until re-election at the general meeting of owners of premises in an apartment building or, in the event of a decision to create a homeowners 'partnership, until the board of the homeowners' partnership is elected.

The council of an apartment building is subject to re-election at a general meeting of owners of premises in an apartment building every two years, unless another period is established by a decision of the general meeting of owners of premises in this building. In case of improper performance of its duties, the council of an apartment building may be re-elected ahead of schedule by the general meeting of owners of premises in an apartment building. (parts 9.10 of article 161 1 of the Housing Code of the Russian Federation).

9. The procedure for the election and powers of the commissions of the owners of the premises of an apartment building.

To prepare proposals on certain issues related to the management of an apartment building, commissions of owners of premises in this building may be elected, which are collegial advisory bodies for managing an apartment building. The commissions of owners of premises in an apartment building are elected by the decision of the general meeting of owners of premises in an apartment building or by decision of the council of an apartment building. (parts 11.12 of article 161 1 of the Housing Code of the Russian Federation).

10. Full-time and part-time forms of holding a general meeting of owners of premises in an apartment building.

Those. holding a general meeting for full-time possibly ONLY after an attempt to hold the General Meeting in the form of joint presence.

For reference: part 3 of Art. 45 of the Housing Code of the Russian Federation: The general meeting of owners of premises in an apartment building is eligible (has a quorum) if the owners of premises in this building or their representatives, who have more than fifty percent of the votes of the total number of votes, take part in it.

Holding a general meeting of owners of premises in an apartment building in person implies the joint presence of owners of premises in a specific place and at a specific time to discuss issues put to a vote;

Holding a general meeting of owners of premises in an apartment building in absentia implies holding it without the joint presence of owners of premises by transferring in writing the decisions of owners on issues put to a vote (Article 47 of the Housing Code of the Russian Federation).

Note. There are facts of holding general meetings of owners of premises in an apartment building in a "mixed, in-person-correspondence form", when, in the absence of a quorum at a meeting held in person, after the meeting is over, the signatures of the owners of the premises "get" when they walk around the apartments. These actions are contrary to the requirements of the Housing Code of the Russian Federation, and in these cases the minutes of the general meeting of owners of premises should be invalidated.

11. Initiator (organizer) of a general meeting of owners of premises in an apartment building.

The general meeting of owners of premises may be convened on the initiative of individuals or legal entities who are the owners of the premises of this apartment building.

The initiators of the general meeting of owners for the election and re-election of the Council of an apartment building may be the owner or several owners of premises in this building (part 1, 2 of Article 45 of the Housing Code of the Russian Federation).

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

For a successful general meeting, it is desirable that an initiative group of owners of premises, created at the initiative of the residents themselves, appears in the house.

At the same time, local executive authorities (administrations of districts and cities) organize information and explanatory work with the owners of premises in apartment buildings on issues related to the implementation of their rights and obligations established by the Housing Code of the Russian Federation.

As a result of the outreach work, an initiative group from among the most active owners of premises in an apartment building and a representative local authority the authorities (if the authority is one of the owners of the premises) develops the documentation necessary for holding the general meeting, forms the agenda, selects the premises in which the general meeting is supposed to be held, posting information and documentation, and also determines the date and place of the general meeting.

After determining the agenda of the meeting and preparing the necessary documentation, the preparation and sending of messages about the meeting, as well as draft decisions of the owners of the premises, is carried out.

In addition, the initiative group is working on other issues related to the general meeting (identification of all owners in this apartment building; preliminary survey of the opinions of residents on the issue of choosing the Council of an apartment building, as well as clarifying the current legislation on the activities of the Council of an apartment building; determining the share of each the owner in the common property of an apartment building; determination of candidates for the chairman of the general meeting, secretary, counting commission, etc.).

13. Determination of the share in the right common property on common property in an apartment building.

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

The list of common property of owners of premises in an apartment building, to which the right of ownership arises for all owners of premises in this building, is established by Article 36 of the Housing Code of the Russian Federation.

The share of each owner is determined by dividing the area of the premises (according to the certificate of ownership) by the sum of the areas of residential and non-residential premises in the house (according to the BTI explication), which are in the corresponding types of ownership (private, state).

14. Holding a general meeting of owners in person.

14.1. General meeting notices.

Meeting of owners of premises in person implies the joint presence of owners of premises in a given building to discuss issues on the agenda and make decisions on issues put to a vote (Article 47 of the Housing Code of the Russian Federation).

Article 45 of the Housing Code of the Russian Federation regulates the procedure for holding a meeting. The initiators of the general meeting are obliged to send a message to each owner.

The message should include the following:

information about the person (or persons) on whose initiative (or whom) this meeting is convened.
The initiators of the convocation of the general meeting must indicate their surnames, names, patronymics. Meetings are convened by persons (individuals and legal entities) who are the owners of the premises in this apartment building. The legislator does not directly indicate that the initiator must provide information about the property in this house. But based on the general meaning of Art. 45 - 47, as well as Art. 146 of the Housing Code of the Russian Federation, only owners of premises have the right to convene a general meeting, which means that information about the initiator of convening a general meeting should contain data on the property of the initiator in this house;
the form of holding this meeting - in person (hereinafter, if there is no quorum when holding a meeting in person - in absentia);
date, place, time of this meeting;
meeting agenda. The general meeting does not have the right to make decisions on issues not included in the agenda, nor does it have the right to change the agenda. Otherwise, the decision of the general meeting may be challenged in judicial procedure(Art. 46, part 2, Art. 146 of the Housing Code of the Russian Federation);
the procedure for familiarization with the information and (or) materials that will be presented at this meeting, as well as the place or address where they can be viewed. It is desirable to indicate a contact phone number.

Most in a simple way familiarization with the materials, as well as the decisions made by the general meeting, will be the placement of relevant information in a specific room of this apartment building, accessible to every owner of the premises in this building. The procedure for posting information is established at the first general meeting of owners of premises and must be communicated to each owner (part 1 of article 45 of the Housing Code of the Russian Federation).

Particular attention should be paid to the procedure for notification of the general meeting of premises owners.

In accordance with paragraph 4 of Art. 45 of the Housing Code of the Russian Federation, the owner or a group of owners of premises in an apartment building - the initiators of the convocation of the general meeting are obliged to inform the owners of the premises in this building about the holding of such a meeting no later than 10 days before the date of its holding. Within the specified time period, a message about the holding of a general meeting must be sent to each owner by registered mail, unless the decision of the general meeting provides for another way of sending this message in writing. Also, a message on the holding of a general meeting can be handed over to each owner of the premises against receipt or posted in the premises of this house, determined by the decision of a previously held general meeting and available to all owners if such a decision was previously made by the general meeting).

Exact compliance with the requirements of parts 4 and 5 of Art. 45 of the Housing Code of the Russian Federation to the notification of a general meeting is a prerequisite for the legality of this meeting. In case of non-compliance, the decisions of the general meeting can be challenged in court (part 6 of article 46 of the Housing Code of the Russian Federation).

14.2. Competence of the general meeting.

Particular attention should be paid to the legality of the general meeting of owners. The general meeting is competent (has a quorum) if the owners of the premises in this house or their representatives who have more than fifty percent of the votes of the total number of votes of the owners took part in it (Article 45 of the RF LC). To determine the eligibility of a meeting, you first need to know the total area of all residential and non-residential premises owned by the owner in an apartment building. Only knowing such a total area can meetings be held, since this allows the votes belonging to each of the owners of residential and non-residential premises participating in the meeting to be calculated. For example, if the total area of residential and non-residential premises in an apartment building is 2000 sq. m, then the share of the owner I., who owns an apartment in this house with a total area of 95 sq. m, in percentage it is equal to: (95 x 100): 2000 = 4.75, and, accordingly, this owner owns 4.75 votes.

The calculation of such an area for holding a general meeting for the election of the Council of an apartment building can be made by an initiative group of owners, having previously compiled a list of owners of all premises in the house and summarized information on the area of the premises they own. Such a list is also necessary for the identification of persons who came to the meeting or conveyed their decisions in writing on the issues included in the agenda of the meeting.

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

location of the apartment building (postal address);
the number of premises in an apartment building with specific owners (not included in common areas apartment building, which are part of the common property in an apartment building);
the total area of such premises;
name (purpose) of the premises (for example, " two-roomed flat", "office space"), the number of the floor (including underground) on which the premises are located (if the premises are part of an apartment building, including a building with an underground number of storeys) and the number of the premises (for example, the apartment number), if they are determined according to the state accounting housing stock, area of the room;
the regime of ownership of this premises (individual, common joint or common share);
surname, name, patronymic (name) of the owner, 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, number about state registration legal entity, etc.);
surname, name, patronymic (name) of the owner's representative (if the owner has permanently determined his representative or has his legal representative);
data necessary to identify the representative of the owner of the premises (for example, passport data of a citizen, number 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;
Number of votes, owned by the owner premises;
the mailing address of the owner, to which messages on holding general meetings should be sent (unless the general meeting decides to post such messages in the premises of the house).

14.3. General meeting decisions.

The decision of the general meeting of owners of premises in an apartment building on the issue of choosing the Council of an apartment building is adopted by a majority of votes of the total number of votes participating in this meeting, in accordance with Art. 44, 46 of the Housing Code of the Russian Federation).

The right to vote at the general meeting of owners of premises in an apartment building on issues put to a vote belongs to the owners of premises in this building. The number of votes possessed by each owner is proportional to his share in the right of common ownership of the common property in this house (Article 48 of the RF LC).

The list of common property and the procedure for determining shares in common property rights are established by Art. Art. 36, 37 LCD RF. In accordance with paragraph 1 of Art. 48 of the RF LC, voting at the general meeting of owners of premises is carried out by the owner both personally and through his representative in certain circumstances (employment, illness, business trip, etc.). In this case, the power of attorney issued by the owner to the representative can be drawn up in a simple written form and certified at the place of work, study, residence (in accordance with the requirements of paragraphs 4, 5 of article 185 of the Civil Code of the Russian Federation). The basis for the authority of a representative may also be the indication of acts authorized to do so. government agencies or local governments.

Voting is carried out on each item on the agenda immediately after its discussion. Voting can be carried out in several ways: by raising hands, by means of mandates or written decisions of the owners, which indicate the share in the common ownership of the common property and the number of votes possessed by this owner (clause 4 of article 48 of the RF LC).

To summarize the results of voting in the case of an in-person method of holding a general meeting of owners of premises in an apartment building, a counting commission must be created, this issue is also included in the agenda of the general meeting. Its composition is proposed by the initiators of the general meeting and approved by the general meeting. When for face-to-face voting the votes are counted by the initiators of the general meeting.

14.6. Registration of the decision of the general meeting.

The decision of the general meeting is drawn up in a protocol in the manner prescribed by the general meeting of owners of premises in this house (clause 1 of article 46 of the RF LC).

The minutes, as well as notifications of the general meeting and the decisions of the owners, are stored in the place or at the address, which are also determined by the decision of this meeting (clause 4 of article 46 of the LC RF). RF JK does not establish any requirements for the form of the protocol, and any regulations, regulating the rules of its conduct, are absent. But there is an established practice of keeping minutes, it is well known, and owners of premises in an apartment building holding a general meeting of owners are encouraged to follow it.

The minutes of general meetings must be drawn up in writing, signed by the chairman and secretary, as well as members of the counting commission. In the minutes in mandatory the date and place of the general meeting of owners, agenda, quorum are indicated.

The law establishes that the decisions of the general meeting of owners must be communicated to all owners of premises, including those who did not take part in the meeting, within ten days from the date of these decisions (Article 46, Part 3 of the RF LC). Based on this requirement, the protocol must be made no later than ten days from the date of the general meeting of owners of premises.

15. Holding a general meeting of owners of premises in the form of absentee voting.

In accordance with Federal law of 04.06.2011 N 123-FZ "On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" Part 1 of Art. 47, in the event that during a general meeting of owners of premises in an apartment building through the joint presence of owners of premises in this building to discuss issues on the agenda and make decisions on issues put to a vote, such a general meeting did not have the specified in part 3 of Article 45 of the LC RF quorum, in the future decisions of the general meeting of owners of premises in an apartment building with the same agenda can be adopted by absentee voting. This refers to the transfer to the place or to the address, which are indicated in the message on the holding of a general meeting of owners of premises in an apartment building, the written decisions of the owners on the issues put to the vote.

15.1. Notification of the general meeting in the form of absentee voting.

information about the person on whose initiative this meeting is convened;
the form of holding this meeting - absentee voting;
the date and time of the end of the acceptance of decisions of the owners on the issues put to a vote, the place or address where such decisions should be submitted;
meeting agenda;
the procedure for familiarization with the information and (or) materials that will be presented at this meeting, as well as the place or address where they can be found, the contact phone number of the initiator of the meeting.

The notification of holding a general meeting in the form of absentee voting differs from the notification of holding a general meeting in person in only one way. Instead of a message about the place and time of the meeting, the place, date and time of the final acceptance of decisions by the owners on the issues put to the vote are indicated (clause 4, clause 5 of article 45, article 146 of the Housing Code of the Russian Federation).

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

As a consequence of the violation of the procedure for notifying the owners of the premises of an apartment building about the holding of a general meeting, the decision taken by him may be challenged in court and invalidated.

15.2. Competence of the general meeting.

A general meeting in absentia is legally competent under the same conditions as an in-person meeting: if the owners of the premises in this house or their representatives who have more than fifty percent of the votes of the total number of votes of the owners took part in it (Article 45 of the Housing Code of the Russian Federation).

Decisions of the general meeting of owners of premises in an apartment building are taken in the same way as at an in-person meeting of owners of premises in an apartment building.

15.4. Requirements for the decision of the owners.

The general meeting in the form of absentee voting is held by transferring to the place or address specified in the notice of the general meeting, the decisions of the owners in writing on the issues put to the vote. It is advisable for the owners of premises in an apartment building, along with a notification of such a meeting with an indication of the agenda, to send the owner's decision forms on the issue put to a vote (choice of the Council of an apartment building), which the owner fills out with his own hand and signs. If a proxy makes a decision for the owner of the premises, a power of attorney must be attached to the decision.

Part 3 of Article 47 of the Housing Code of the Russian Federation establishes mandatory requirements for the decision of the owner. Compliance with these requirements is of great importance, since the contrary may entail the recognition of the decision of the general meeting as invalid (Article 46 of Part 6 of the Housing Code of the Russian Federation):

the decision must be in writing without fail;
the owner's decision must necessarily contain: information about the person participating in the vote; information on the document confirming the ownership of the person participating in the voting to the premises in the corresponding apartment building; decisions on the item on the agenda, expressed in the formulations "for", "against", "abstained". That is, the decision should be formulated in such a way that it does not have a double meaning, excludes any inaccuracy of the wording, and it could be unambiguously answered with one of the above options.

The issue of the place and timing of the transfer of the owner's decision has been quite strictly regulated. The law stipulates that the notice of holding a meeting of premises owners in the form of absentee voting must indicate the place or address for submitting the decision, as well as indicate a specific time limit by which the owners of premises can send their decisions.

Yuri Netreba from the Moscow Bar Association "Arbat" tells how to properly hold a general meeting of the owners of the premises of an apartment building. If not all formalities are followed, the decision of the meeting may then be invalidated. Therefore, it is important to know how to prepare documentation, inform about a meeting, organize it correctly, draw up and calculate the results. The lawyer also spoke about the procedure for notifying officials and storing meeting documents.

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

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

The main stages of organizing and holding a general meeting of owners of premises in an apartment building (hereinafter - OSS) are as follows:

Determination of the initiator.
Preparation of documentation for the general meeting.
General meeting announcement.
Conducting a general meeting in the chosen form (full-time, part-time, part-time).
Registration of voting results.
Notification of the results of the OSS to owners and interested parties.
Sending documents to the housing supervision authority (HSS).
Storage of documentation.

A general meeting is initiated by an active group or individuals, an extraordinary meeting is most often initiated by owners. Legal entities also have this right, for example, the current management company(Clause 7, Article 45 of the LC RF).

Initiators can act through a representative, for which a power of attorney certified by a notary or drawn up in accordance with general requirements Art. 185.1 CC.

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

Register of owners of the premises of an apartment building.
Notice of holding a general meeting of owners.
Owners' decision forms.
Registration sheets.

Where and how can I get these documents?

The register of owners of the premises of an apartment building is needed in order to send notifications of a general meeting and count votes on agenda items. It should include information about the owners of the premises of a particular apartment building, indicating the area of the premises they occupy. The document is an integral part of the minutes of the general meeting.

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

Notification (notification) of the general meeting

What should the message on the holding of a general meeting of the owners of the premises of an apartment building contain?

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

information about the person (persons) on whose initiative (which) the meeting is convened;
the form of the meeting (in-person meeting or absentee voting, meeting in presentia and absentia);
date, time, place of the meeting or in the case of holding this meeting in the form of in-person and absentee voting - the time, date of the beginning and end of the acceptance of decisions of the owners on the issues put to the vote, the place or address where such decisions should be submitted;
meeting agenda;
the procedure for familiarization with the information and (or) materials that will be presented at this meeting, the place or address where they can be viewed.

Notify each owner of the premises in an apartment building about the time and place of the OSS should be no later than 10 days before the date of the general meeting. Depending on what method of information was established by the general meeting, you can post an announcement in the entrance or in another public place, hand over a signature notice to each owner, or send it by registered mail (part 4 of article 45 of the RF LC).

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

Change of the Criminal Code or the method of house control.
Establishment / liquidation of homeowners' association.
Approval of the procedure for registration and place of storage of the minutes of the general meeting of owners.
House reconstruction and any questions related to warehouses and outbuildings for household needs.
Dismantling of individual objects related to the building.
Use of the adjoining territory.
Leasing the territory for shops or other purposes.
Residents decide questions about the construction of a playground, parking, a ban on the use of land plot belonging to the house.
Resolution of issues on the direction of funds collected for capital repairs.

(Funds can go both to TSN's own account and to the general state fund... Such a decision does not need to be delayed.)

Management methods for an apartment building

Housing legislation provides for three ways to manage an apartment building (part 2 of article 161 of the RF Housing Code). The general meeting of owners of premises chooses the most convenient and suitable method of management and can change it at any time on the basis of its decision (part 3 of article 161 of the RF LC).

Method 1. Direct management of the owners of premises in an apartment building (Art. 164 of the RF LC)

Direct management is possible in an apartment building, the number of apartments in which is no more than thirty (part 2 of article 161 of the RF LC). On behalf of the owners of premises in such a house in relations with third parties, one of the owners of premises in such a house or another person having the authority certified by a power of attorney (part 3 of article 164 of the RF LC) has the right to act.

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

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

The purpose of the HOA is to manage the common property of the house and carry out activities for the creation, maintenance, preservation and augmentation of such property, the provision of utilities, the implementation of other activities aimed at achieving the goals of management of apartment buildings or the joint use of property of owners (part 1 of article 135 of the LC RF).

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

Method 3. Management of the managing organization

Managing organization - commercial organization providing services for the management of an apartment building on the basis of a license (part 1.3 of article 161 of the RF Housing Code).

In addition to the method of managing the general meeting of premises owners, it is necessary to select a specific management organization, agree with it the terms of the contract and the amount of payment for maintenance and repairs.

When choosing a management organization, a general meeting of premises owners concludes a management agreement with each owner on the terms specified in the decision of the general meeting (part 1 of article 162 of the RF LC). Under the terms of the contract, the managing organization, within the agreed period, for a fee undertakes to provide services and perform work on the proper maintenance and repair of common property in an apartment building, provide utilities to owners of premises and persons using premises in this house, to carry out other activities aimed at achieving the goals of managing an apartment building (part 2 of article 162 of the RF LC).

The management agreement for an apartment building is concluded for a period of at least one year and not more than five years (part 5 of article 162 of the RF LC). In this case, the owners of the premises have the right to terminate the management agreement on the grounds provided for in Part 8 of Art. 162 LCD RF. The management organization is liable to the owners for the improper provision of services. At the general meeting, they have the right to refuse to fulfill the contract for the management of an apartment building if the management organization does not fulfill the terms of such an agreement, and decide on the choice of another management organization or on changing the method of managing the house (part 8.2 of article 162 of the RF LC).

General meeting

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

The general meeting cannot make decisions on issues not included in the agenda, as well as change it.

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

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

In the decision of the owner on the issues put to a vote, donado indicate the following information:

Owner information:

information about the person participating in the voting (full name of the voting owner (representative of the owner), number of the premises, his share in the ownership of the premises);
information about the document confirming the ownership of the person participating in the voting to the premises in the corresponding apartment building (number of the certificate form or registration number from the extract of the USRN);
decisions on each issue on the agenda, expressed in the formulations “for”, “against” or “abstained” (part 3 of article 48 of the RF LC).

If a representative is voting, he must attach a power of attorney. Legal representative who voted for minor owner(parent) must attach a copy of the minor's birth certificate.

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

It is very important to remember that the general meeting is legally competent (has a quorum) if the owners of the premises or their representatives, who have more than 50% of the votes from the total number of votes, take part in it. The number of votes possessed by each owner of the premises in an apartment building at the general meeting is proportional to his share in the law, namely: 1 sq. m = 1 vote.

When resolving the issue of creating a TSN in the decision form, as well as on the agenda, there should be questions:

On the creation of the Association of Real Estate Owners.
About the approval of its name;
On the approval of its charter;
On the election of its chairman;
On the choice of control method;
On termination of previously concluded management contracts.

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

Registration of voting results

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

Only those votes for which the owner has chosen only one answer option in the written decision are counted. Otherwise, the decisions are invalidated. If there are several questions on the agenda, one incorrect answer does not invalidate the entire decision (part 6 of article 48 of the LC RF).

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

Obligatory details of the protocol are:

Title of the document;
date and registration number of the minutes of the general meeting;
date and place of the general meeting;
heading to the content of the minutes of the general meeting;
the content of the minutes of the general meeting;
place (address) of keeping minutes of general meetings and decisions of owners of premises in an apartment building on issues put to a vote;
annexes to the minutes of the general meeting (if indicated in the content of the minutes of the general meeting);
signature of the chairman and secretary, members of the counting commission, or the initiator of the general meeting of owners of premises, if the chairman and secretary were not elected.
Signatures of all owners who voted “FOR” the creation of TSN and approval of the charter of the Partnership.

In the text of the protocol, two parts are distinguished: the introductory part and the main part.

Introductory - recorded statistics, facts.

When drawing up the minutes, this section contains the data: The initiator of the meeting.

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

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

List of members of the general meeting. The total number of votes of MKD owners. total area apartment building. Agenda. The presence / absence of a quorum and the eligibility of the meeting.

In the main part, the procedural moments of the full-time stage are recorded directly. The correspondence stage is not described.

Main part

Here the agenda and separate sections are prescribed (their number corresponds to the questions). Questions are put for consideration by the owners in accordance with the notification of the meeting. One or several issues may be on the agenda. The questions are numbered.

It is forbidden to add an item "Miscellaneous", to discuss various issues within its framework. It is forbidden to put on the agenda items that were not included in the notice of the meeting.

It is impossible to combine questions with different content in a single formulation.

The main part includes 3 sections:

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

Part 2. “Proposed” - an unambiguous and concise essence of the proposal on the issue to be voted on.

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

There may be several numbered paragraphs in a solution.

Information about attendees and invitees

Those present at the meeting are individuals and legal entities who have the right to vote at the meeting (they have the ownership of the premises in the MKD). Meeting invitees - Individuals attending the meeting but not eligible to vote. Most often these are lawyers or other experts.

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

They include:

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

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

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

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

The list is a mandatory attachment to the minutes of the general meeting. The protocol itself is marked "The list is attached, Appendix No. ____" immediately after the total number of those present is written.

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

the register of owners of premises in an apartment building, containing information about all owners of premises in an apartment building, indicating the last name, first name, patronymic (if any) of the owners - individuals, full name and OGRN of legal entities, the numbers of the premises they own, and the details of the documents confirming the ownership of the premises, the number of votes owned by each owner of the premises in the apartment building;
a message on the holding of a general meeting, drawn up in accordance with paragraph 5 of Art. 45, paragraph 4 of Art. 47.1 LCD RF.
the register of delivery of messages to the owners of premises in an apartment building on the holding of a general meeting, containing information about the owners of premises in an apartment building (representatives of owners) to whom messages were sent, and the method of sending messages, the date of their receipt by owners of premises in an apartment building (representatives of owners), with the exception of the case in which the decision of the general meeting provides that the message about the holding of the general meeting is posted in the premises of this house, determined by such a decision and available to all owners of premises in this house;
a list of owners of premises in an apartment building who attended the general meeting, containing information about the owners of premises in an apartment building (representatives of the owners).
powers of attorney (or their copies) or other documents (their copies) certifying the powers of representatives of the owners of premises in an apartment building who attended the general meeting. If the parent voted for the imperfect child, then it is necessary to attach the child's birth certificate;
documents on which decisions were made at the general meeting during the consideration of the issues included in the agenda and put to the vote;
decisions of the owners of premises in an apartment building in the event of a general meeting in the form of in-person or absentee voting;
other documents or materials that will be determined as a mandatory annex to the minutes of the general meeting by a decision at the general meeting adopted in accordance with the established procedure.

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

Meeting results message

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

All owners must be notified no later than ten days from the date of these decisions (part 3 of article 46 of the LC).

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

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

1. In connection with the adoption of Federal Law No. 485-FZ of December 31, 2017, the Managing Organization, the Board of Homeowners' Associations, ZhK, ZhKK after 11.01.2018. are obliged to send not copies, but originals decisions and minutes of the general meeting of owners of premises presented to them in accordance with Part 1 of Art. 46 of the RF LC by the person who initiated the general meeting of owners of premises in an apartment building, to the body of state housing supervision of the constituent entity of the Russian Federation, on the territory of which the apartment building is located, the owners of the premises in which the general meeting was held.

2. Originals decisions, protocols must be submitted within five days from the time they were received from the initiator by the managing organization, the board of the HOA, ZhK or ZhKK. The delivery must be executed in such a way that it is possible to confirm the fact and date of receipt of the documents by the state housing supervision body. In addition, the obligation remains to be placed in the state information system housing and communal services (hereinafter referred to as the system) of electronic images of solutions, protocols in electronic form.

3. Copies of decisions, minutes are considered transferred in the case when the electronic image of decisions, minutes is in the public domain and is available for viewing in the system, as well as when the decisions, minutes are transferred in a different way, except for placement in the system, if the managing organization has , the board of a homeowners' association, a housing or housing construction cooperative, another specialized consumer cooperative, a document confirming the fact and date of their transfer to the state housing supervision body.

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

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

That is why at the meeting it is imperative to elect a secretary, a chairman and a counting commission - people who know this process well. The last special role- after all, its participants count the votes of the owners of the apartment complex and summarize the results.

Counting Commission of MKD: is it possible to do without it?

According to the RF LC, the Counting Commission of the general meeting of owners is elected at the beginning of the meeting immediately after the appointment of the secretary and chairman.

Who can be part of it? Anyone present at the discussion. Often these are several tenants who enjoy the trust of their neighbors.

How many people should be included in it, you decide on your own.

Its only task is to record on paper how the participants vote.

Usually, members of the commission count the raised hands independently of each other, after checking the results. It turns out that you check the results on the spot.

The difficulty lies in the fact that in the old fashioned one hand can be considered one vote. This is fundamentally illegal.

Another option to avoid difficulties in calculations is to use the forms (we provide examples below).

The Housing Code requires each member of the Counting Commission to sign the counting protocol.

They must do this after the end of the gathering and summing up the results. In this way, they confirm the accuracy of the results.

In-person voting rules: an example of

A lot of people can be present at a face-to-face vote.

Determining a quorum at a general meeting of owners is difficult. If the house has 100 apartments, then 40, 50 or even 80 people can participate.

It should be understood that in the latter case, the votes of not 50 owners may be needed to make a decision, but more or less.

For more information about what a quorum is and how to calculate it, we write

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Who is the secretary of the general meeting of owners. The counting commission of an apartment building: the procedure for election and the role in the meeting of owners. Violation of the procedure for transferring documents to GZI