Who can be a member of the counting commission during a general meeting of homeowners? On the selection of the chairman of the general meeting of owners. How to hold an annual meeting of owners of mkd.


Hello.

The Housing Code of the Russian Federation does not regulate issues related to the election of a counting commission during general meeting owners of apartment buildings.

As a rule, when holding a general meeting, owners are guided by Order of the Ministry of Construction of Russia dated July 31, 2014 N 411/pr “On approval of the approximate terms of the management agreement for an apartment building and methodological recommendations on the procedure for organizing and holding general meetings of premises owners in apartment buildings». This document contains methodological recommendations that were developed in accordance with the norms of the Housing Code of the Russian Federation in order to assist owners of premises in apartment buildings in preparing and holding a general meeting both in person and by correspondence(See: Preamble).

IV. Preparation for the general meeting
6. The initiator (initiative group) has the right to carry out other actions related to holding a general meeting (identifying all owners in a given apartment building; a preliminary survey of the opinions of the owners of premises in an apartment building on the issue of choosing a method of managing such a building; identifying organizations specializing in the management of apartment buildings houses; determining the share of each owner in the common property apartment building; determination of candidates for the chairman of the general meeting, secretary, counting commission, etc.).
VI. Conducting a general meeting of owners in person
form (meeting)
Notice of the general meeting
2. In the case of the agenda of each general meeting, it is recommended to include questions on the election of the chairman of the general meeting, the secretary of the general meeting, and the composition of the counting commission of the general meeting.
Summing up voting results at the general meeting
16. The results of voting on issues included in the agenda of this general meeting are summed up by the counting commission, whose members are elected at the general meeting.
Registration of decisions of the general meeting
22. The minutes of the general meeting are drawn up in writing, signed by the chairman of the general meeting and the secretary of the general meeting, as well as members of the counting commission. The minutes must indicate the date and place of the general meeting, the agenda, quorum, decisions taken on each item on the agenda, expressed in the wording “for”, “against” or “abstained”. Approximate form the minutes of the general meeting are given in Appendix No. 3 to these Recommendations.
VII. Conducting a general meeting in the form
absentee voting
Summing up the results of the general meeting in the form
absentee voting
13. To sum up the results of the general meeting in the form of absentee voting, a counting commission is created, the members of which are elected at the general meeting.
15. The minutes of the general meeting in the form of absentee voting are drawn up in writing and signed by the chairman of the general meeting and the secretary of the general meeting, as well as members of the counting commission. The protocol must indicate the date and place of summing up the results of absentee voting, the agenda, quorum, decisions taken on each item on the agenda, expressed in the wording “for”, “against” or “abstained”. An approximate form of the minutes of the general meeting in the form of absentee voting is given in Appendix No. 5 to these Recommendations.

From the above we can draw the following conclusions: 1) Methodological recommendations are advisory, not mandatory nature 2) Met. the recommendations do not establish requirements for the composition of the counting commission.

Perhaps such requirements are contained in a previously adopted decision of the owners of premises in the apartment building on the procedure for holding a general meeting, incl. that only the owners of the premises of a given apartment building can be members of the counting commission. In this case, there will be an obligation to comply with such rules.

However, at the legislative level there is no provision that only owners of apartment building premises can be members of the counting commission.

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

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

Violation of the procedure for notification of an upcoming meeting

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

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

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

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

Incorrect vote count

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

Incorrectly executed powers of attorney

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

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

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

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

Error in selecting meeting form

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

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

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

Outdated information about ownership of premises

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

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

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

Holding meetings with a similar agenda

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

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

Changing the agenda

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

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

Violation of meeting quorum

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

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

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

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

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

The absolute majority (100%) resolves only issues related to area reduction common property apartment building.

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

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

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

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

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

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

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

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

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

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

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

Where and how to obtain these documents?

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

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

Message (notification) about holding a general meeting

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

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

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

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

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

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

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

Ways to manage an apartment building

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

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

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

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

The HOA is created by the owners of an apartment building (by a decision of more than 50% of the owners) or the owners of apartments in several buildings, is a type of real estate owners' association, which is an association of owners of premises in an apartment building, and is registered as 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 to create, maintain, preserve and increase such property, providing utilities, carrying out other activities aimed at achieving the goals of managing apartment buildings or sharing the property of the owners (Part 1 of Article 135 of the Housing Code of the Russian Federation).

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

Method 3. Management of the management organization

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

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

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

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

Holding a general meeting

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

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

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

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

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

Owner information:

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

If voting is carried out by a representative, he must attach a power of attorney. Legal representative, 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 valid (has a quorum) if the owners of the premises or their representatives with more than 50% of the votes of the total number of votes took part in it. The number of votes that each owner of a premises in an apartment building has at a general meeting is proportional to his share in the right, namely: 1 sq. m = 1 vote.

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

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

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

Registration of voting results

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

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

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

The required details of the protocol are:

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

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

Introductory - recorded statistics, facts.

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

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

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

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

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

Main part

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

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

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

The main part includes 3 sections:

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

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

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

The decision may have several numbered paragraphs.

Information about those present and invited

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

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

They include:

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

For legal entities - the name written without abbreviations and OGRN legal entity. persons according to registration and constituent documents, name and details of the document that confirms 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 identification document), name and details of the document confirming the authority of the representative of the legal entity, signature of this person.

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

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

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

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

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

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

Report on the results of the meeting

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

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

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

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

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

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

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

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

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

Apartment building council

This institute is completely new. The need for its introduction is due, in our opinion, to the desire of the state to involve the owners of premises in the process of managing an apartment building (at present, most citizens are trying in every possible way to avoid this). The concept, procedure for election, as well as the rights and obligations of the council are described in detail in the new article. 161.1 Housing Code of the Russian Federation. We do not consider it necessary to rewrite this article; we will only provide an overview of the main provisions and try to understand how the creation of a council will affect the activities of participants in the housing services market.

So, by virtue of paragraph 1 of Art. 161.1 of the Housing Code of the Russian Federation, owners of premises in an apartment building with more than four apartments (unless a HOA has been created in such a building or this building is not managed by a housing cooperative (other specialized consumer cooperative)) are obliged at a general meeting to elect the council of the apartment building from among the owners of the premises (otherwise speaking, a management organization or direct management is chosen as a method of management). Its chairman is elected from among the members of the council. Clause 2 of Art. 161.1 of the Housing Code of the Russian Federation provides for a compulsory procedure for the implementation of the above norm: if during the calendar year * (8) the decision to elect a council is not made or is not implemented, the body local government within three months, convenes a general meeting, the agenda of which includes issues on the election of the house council or the creation of a homeowners association. However, it appears that this is not enough (tenants may simply ignore such meetings or continue to not implement the decisions made). No alternative open competition on the selection of a management organization in in this case not provided. The main thing is to increase the legal consciousness of citizens, and in this matter coercive measures does not work. Therefore Art. 161.1 of the RF Housing Code may remain declarative. The benefit of introducing the institution of council can only be in those houses where residents are initially involved in management and are interested in working together, but creation of a homeowners association unprofitable. Unfortunately, there are very few such cases.

The most interesting points for management organizations and companies with which owners enter into contracts when choosing direct management of a house are the following:

– the council controls the provision of services, the performance of work by these companies, monitors the quality of the utilities provided (clause 5, clause 5, article 161.1 of the Housing Code of the Russian Federation);

– the chairman of the council, on the basis of a power of attorney issued by the owners of the premises, exercises control over the fulfillment of obligations under concluded agreements for the maintenance and repair of common property, signs acts of acceptance of services and maintenance work and current repairs, acts of violation of quality standards or frequency of these services and works, acts of failure to provide utilities or provision of utilities poor quality, and also sends appeals to local government bodies about the management organization’s failure to fulfill its obligations (clause 6, clause 8, article 161.1 of the Housing Code of the Russian Federation);

– the chairman of the council, on the basis of a power of attorney issued by the owners of the premises, enters into a management agreement or (in the case of direct management) agreements with the relevant companies (clause 3, clause 8, article 161.1 of the Housing Code of the Russian Federation). It is also noted here: under the management agreement for an apartment building, all owners of premises in an apartment building who have granted the chairman of the board of the apartment building powers certified by such powers of attorney acquire rights and become obligated. It turns out that other owners must sign the agreements themselves (however, the law does not allow them to be forced to do this).

Finding a person who can count - what could be easier? But in order to count the votes of owners at a general meeting, you need knowledge and a desire to communicate. The general meeting of owners of premises in an apartment building is a specific event where completely different and often unpleasant people meet. There they argue, swear and sometimes use foul language. The meeting must be conducted in such a way as to obtain the results decision, not a fight.

Leader of the general meeting housing legislation called chairman; the person who draws up the papers is the secretary of the general meeting. The votes of the meeting participants are counted by the members counting commission of an apartment building. In the future, the chairman, secretary of the general meeting and members of the counting commission will be called responsible persons.

From this article you will learn:

  • how to approach the selection of candidates;
  • what powers do responsible persons have;
  • how often to elect them;
  • What are the consequences of the absence of an elected counting commission?

How to select members of the counting commission

The requirements for those who can be elected as responsible persons of the general meeting are not established by law. Practice suggests them.

Any individual or legal entity can be elected to the role of the responsible person of the general meeting, even if he is not the owner of the premises in this apartment building. We recommend that management bodies and housing associations nominate their employees for election as responsible persons of the general meeting. It’s even better if these people are visually known to the owners of the premises in the apartment building and are respected.

Let's figure out the quantity. The chairman is one person, and so is the secretary. This may be the same person, but only for a “small” general meeting. For example, in an apartment building with no more than 30 apartments. In a house with many rooms, it will be difficult for the chairman of the meeting to take minutes at the same time. The counting commission may consist of one or several people - the law does not regulate this either.

Remember that the success of the meeting and its legitimacy will depend on the competence of those responsible.

We do not recommend giving general meeting participants a wide choice. Suggest one, maximum two names for voting. A larger number of candidates will cause unnecessary confusion among voters, who will require clarification: who is this, what apartment does he live in, why exactly he (she), etc.

You can download an example of a protocol on our website: Minutes of the general meeting of owners of premises in an apartment building

What powers do those responsible at the general meeting have?

The duties of the chairman, secretary of the general meeting, and members of the counting commission are not defined by law. They are formed by the large practice of general meetings throughout the country.

The chairman is elected to lead the meeting of owners, and the secretary is elected to conduct and draw up minutes.

Members of the counting commission at the general meeting are elected to count the votes of participants and sum up the voting results on each issue on the agenda. Members of the counting commission identify invalid decision forms and check the powers of the owners' representatives.

Following the results of the meeting, the chairman, secretary and members of the counting commission who counted the votes sign the minutes of the meeting of owners. This is defined by paragraphs. 3–5 tbsp. 181.2 of the Civil Code of the Russian Federation and clause 21 of the Requirements for the preparation of minutes of general meetings of owners of premises in apartment buildings, approved. by order of the Ministry of Construction of Russia dated December 25, 2015 No. 937/pr.

Question

Is it necessary to pay for the work of the chairman, secretary and members of the counting commission of an apartment building?

The remuneration of responsible persons at the general meeting of the RF LC does not provide for remuneration. But such a decision can be made by a general meeting of owners of premises in an apartment building. To do this, the owners must determine the amount of remuneration and the procedure for its payment. Include these items on the agenda for the owners meeting. Include the costs of remuneration of responsible persons in the costs of financing the general meeting. This approach corresponds to the provisions of clause 3.5, part 2, art. 44 Housing Code of the Russian Federation.

How are they elected?

The chairman and secretary of the general meeting, as well as members of the counting commission, are elected directly at the general meeting of owners of premises in the apartment building. Such conclusions are confirmed in the Methodological Recommendations on the procedure for organizing and holding general meetings of owners of premises in apartment buildings, approved. by order of the Ministry of Construction of Russia dated July 31, 2014 No. 411/pr (hereinafter referred to as the Methodological Recommendations).

  • Procedure for selecting a management company: algorithm of actions of owners

Question

Who will sign the minutes of the general meeting if the owners have not elected a chairman, secretary or counting commission?

Minutes of the general meeting of owners of an apartment building must always be drawn up, and it must be drawn up according to the rules.

If the issue of electing the chairman, secretary of the meeting, members of the counting commission is included in the agenda of the meeting, but the owners rejected the proposed candidates, the minutes are signed by the initiators of the meeting. This is enshrined in clause 21 of the Requirements for the preparation of minutes of general meetings of owners of premises in apartment buildings, approved. by order of the Ministry of Construction of Russia dated December 25, 2015 No. 937/pr.

How often to choose members of the Chamber of Accounts

The Ministry of Construction of Russia recommends that the agenda of each general meeting include issues on the election of the chairman, secretary and members of the counting commission (clause 2 of section VI Methodological recommendations; see picture). But these issues will overload the agenda of subsequent meetings and increase the risk of owners refusing the proposed candidates in the future.

To avoid this problem, you can define the term of office of the elected officials. To do this, supplement the agenda with relevant questions. Since the term of office of responsible persons is not limited by law, the meeting can set any convenient period - for example, a year.

If the chairman or secretary who was elected to certain period, will not be able to attend any meeting, simply include the issue of electing other persons on the agenda. But if someone from the counting commission cannot participate, then its composition will need to be re-approved.

Consequences of the absence of the chairman, secretary and members of the counting commission of an apartment building at the meeting

Information about the chairman, secretary and persons who counted votes at the meeting, as well as their signatures in the minutes, is required details minutes of the general meeting of owners. If this information is not in the protocol, it means that it was completed with violations.

A significant violation of the rules for drawing up minutes, including the rules on the written form of minutes, may result in the invalidity of the meeting’s decision (subclause 4, clause 1, article 181.4 of the Civil Code of the Russian Federation).

The court, taking into account all the circumstances of the case, has the right to leave the decision in force if (Part 6 of Article 46 of the RF Housing Code):

  • considers that the absence of signatures of the indicated persons in the protocol is not a significant violation;
  • the decision did not cause losses to the owners who are appealing it.