What does the homeowners meeting secretary do? The counting commission of an apartment building: the procedure for election and role in the meeting of owners. Is it necessary to pay for the work of the chairman, secretary and members of the counting commission

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 MKD is a specific event where completely different and often unpleasant people meet. They argue, swear and at times use foul language. The meeting must be conducted in such a way as to get a decision made by its results, and not a fight.

The leader of the general meeting in housing law is called the 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 does responsible persons;
• how often to elect them;
• what threatens the absence of an elected counting commission.

How to choose members of the counting commission

Requirements for those who can be elected as responsible persons of the general meeting are not established by law. Practice tells 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 MKD. We recommend the MA and housing associations to propose their employees for election to the responsible persons of the general meeting. It is even better if these people are visually known to the owners of the premises in the MKD and are respected.

Let's deal with quantity. The chairman is one person, the secretary too. This may be the same person, but only for a "small" general meeting. For example, in MKD, where there are no more than 30 apartments. In a house with a large number of rooms, it will be difficult for the chairman of the meeting to keep minutes in parallel. The counting commission may consist of one or more people - the legislation does not regulate this either.

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

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 of the voters, who will require clarification: who is this, in what apartment does he live, why exactly he (she), etc.

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

What are the powers of those responsible at the general meeting

The duties of the chairman, secretary of the general meeting, members of the counting commission are not defined by law. They are formed by a lot of practice. general meetings countrywide.

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

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

Based on the results of the meeting, the chairman, secretary and members of the counting commission who carried out the counting of votes sign the minutes of the meeting of owners. This is defined in par. 3–5 st. 181.2 of the Civil Code of the Russian Federation and clause 21 of the Requirements for the execution 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?

It does not provide for the remuneration of responsible persons at the general meeting of the RF LC. But such a decision can be made by the general meeting of owners of premises in the MKD. To do this, the owners must determine the amount of remuneration and the procedure for its payment. Put these items on the agenda for the shareholders' meeting. Include the costs of remuneration of responsible persons in the costs of financing the general meeting. This approach is consistent with the provisions of paragraph 3.5 of part 2 of Art. 44 LCD RF.

How they elect

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 MKD. 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).

• The procedure for choosing a management company: an algorithm for the actions of owners

Question

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

The minutes of the general meeting 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 execution 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 elect members of the Audit Chamber

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

To avoid this problem, you can define the duration of the powers of the elected persons. To do this, supplement the agenda with relevant issues. 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 has been elected for a certain period, cannot attend any meeting, simply put the question of electing other persons on the agenda. But if someone from the counting commission cannot participate, then its composition will need to be approved again.

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, are mandatory details of the minutes of the general meeting of owners. If this information is not in the protocol, it means that it is issued with violations.

A significant violation of the rules for drawing up minutes, including the rule on the written form of the minutes, may lead to the invalidity of the decision of the meeting (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 LC RF):

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

Hello.

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

As a rule, when holding a general meeting, the owners are guided by the Order of the Ministry of Construction of Russia dated July 31, 2014 N 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. This document contains Methodological Recommendations, which are developed in accordance with the norms of the Housing Code of the Russian Federation in order to assist the owners of premises in MKD in the preparation and holding of a general meeting, both in person and in absentia (see: Preamble).

IV. Preparation for the general meeting
6. The initiator (initiative group) has the right to carry out other actions related to the holding of a general meeting (identification of all owners in this apartment building; preliminary polling of the opinions of the owners of premises in an apartment building on the choice of a method for managing such a house; identifying organizations specializing in managing multi-apartment buildings houses; determination of the share of each owner in the common property of an apartment building; determination of candidates for the chairman of the general meeting, secretary, counting commission, etc.).
VI. Holding 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, the composition of the counting commission of the general meeting.
Summing up the voting results at the general meeting
16. Summing up the results of voting on the issues included in the agenda of this general meeting is carried out 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, agenda, quorum, decisions taken on each issue of the agenda, expressed as “for”, “against” or “abstained”. An approximate form of the minutes of the general meeting is given in Appendix No. 3 to these Recommendations.
VII. Holding 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 shall be 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 summing up the results of absentee voting, the agenda, quorum, decisions taken on each issue of the agenda, expressed as “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 conclude: 1) Methodological recommendations are advisory, not mandatory 2) Met. the recommendations do not establish requirements for the composition of the counting commission.

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

However, at the level of legislation there is no rule that only owners of MKD premises can be members of the counting commission.

GENERAL PROVISIONS

Remember that we have a major obstacle - part 6, article 46 of the LC RF about the 6-month statute of limitations:

The owner of premises in an apartment building has the right to appeal to the court a decision taken by the general meeting of owners of premises in this house in violation of the requirements of this Code, if he did not participate in this meeting or voted against such a decision, and if such a decision violated his rights and legitimate interests. An application for such an appeal may be filed with the court within six months from the date when the said owner learned or should have known about the decision. The court, taking into account all the circumstances of the case, has the right to uphold the contested decision, if the vote of the said owner could not affect the results of the vote, the violations committed are not significant and the decision made did not cause losses to the said owner.

We bypass the barrier pointing out the nullity of the meeting's decision. But at the same time, it is necessary not to mention at all the mass of other violations in order not to give the enemy the opportunity to raise the question of the non-materiality of the violations mentioned before the court - we focus only on THREE violations

Quorum failure (eligibility; no specific type of evidence provided)

The established requirements are violated - the protocol does not have the proper details (signature of the secretary not elected by the meeting; absence of the secretary's signature, the chairman's signature is forged, etc.)

We point out the nullity of the decision of the meeting in documents of various forms

In a lawsuit - in the form of an Objection to claims or in the form of an Additional explanation in a lawsuit;

In appeals to supervisory or law enforcement agencies;

In complaints about procedural decisions taken on our appeals

Section 1. ILLEGALITY OF A MEETING

EXAMPLE #1 - NOT PROVEN QUORUM

To court

federal judge

case participant

ADDITIONAL EXPLANATION

The defendant claims that there is a decision of the general meeting from DATA, at which the decision was allegedly made to elect LLC as managing organization. In fact, there is no evidence that the meeting (if it took place) of any decision due to the lack of evidence of a quorum

According to Part 3 of Art. 45 LCD RF:

“The general meeting of owners of premises in an apartment building is competent (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, took part in it.”

According to Part 5 of Art. 181.2 of the Civil Code of the Russian Federation The minutes of the meeting must contain information about the persons who took part in the voting (clause 2). In violation of these requirements, the minutes of the meeting do not contain information about the persons who took part in the meeting, and therefore there is no evidence that the participants in the meeting actually had, in aggregate, a sufficient number of votes, giving the right to make decisions.

In the decision of the owner on issues put to the vote, in accordance with Part 3 of Art. 47 of the LC RF must indicate:

1) information about the person participating in the voting;

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

3) Dealing with every question hangs day, expressed as "for", "against" or "abstained".

According to Part 1 of Art. 46 ZhK RF

public policy and legal regulation in the field of housing and communal services is carried out by the Ministry of Construction and Housing and Public Utilities. In the Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation of July 31, 2014 n 411 / pr Methodological recommendations on the procedure for organizing and holding general meetings of owners of premises in apartment buildings in paragraph 5 of section VI, it is established that the presence of a quorum is confirmed

a registration sheet for participants in the general meeting (owners of premises in an apartment building or their representatives) indicating the last name, first name, patronymic, address, details of the certificate of ownership of the premises in this apartment building, shares in the common ownership of common property in this apartment building, signature owner or representative of the owner with a power of attorney, if the general meeting is attended by a representative of the owner.

In full accordance with Article 60 of the Code of Civil Procedure of the Russian Federation, the above requirements for "information about persons" indicate that proving the eligibility of a meeting is allowed only by information about the persons who took part in the vote:

i) the original Registration Sheet (Register of Participants) of the meeting with their signatures

ii) original Bulletins - Decisions of the meeting participants with their signatures, -but by no other means of proof I;

property owners who are not members of the association

in an apartment building they have the right to familiarize themselves with the following documents:

6) minutes of general meetings of members of the partnership, ....;

7) documents confirming the results of voting at the general meeting of members of the you,

Our legal position is that the general meeting did not take place at all at the indicated time, there were no participants in the meeting, they did not make decisions on the agenda and did not fill out decision forms. In the absence of Voting Ballots (decisions) and the Register of Meeting Participants, it is impossible to verify the presence of owners holding more than fifty percent of votes from the total number of votes in the meeting.

According to paragraph 2 of Art. 185.5 of the Civil Code of the Russian Federation

Since the opposing party did not provide evidence of the legality of the meeting, I PLEASE reflect this circumstance, which is crucial for the correct resolution of the case, in the reasoning part of the court decision.

EXAMPLE 2. EXCEEDING THE COMPETENCE OF THE MEETING IN THE FORMATION OF THE COUNTING COMMISSION

To court

federal judge

Participant de la

ADDITIONAL EXPLANATION

regarding the formation of the counting commission

According to Part 5 of Art. 181.2 of the Civil Code of the Russian Federation The minutes of the meeting must contain information about the persons who carried out the counting of votes (paragraph 4) and about the persons who signed the protocol (paragraph 5). The literal interpretation of the above provisions of the law comes down to the fact that one person is counting the votes, and the protocol is signed by others. It should be noted that according to Part 3 of Art. 181.2 of the Civil Code of the Russian Federation, the minutes are signed by the chairman of the meeting and the secretary of the meeting. Consequently, the procedure for holding a meeting, established by law, excludes the inclusion of the chairman and secretary of the meeting in the composition of the counting commission.

According to Part 1 of Art. 46 ZhK RF

Decisions of the general meeting of owners of premises in an apartment building are drawn up in minutes in accordance with the requirements established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.

State policy and legal regulation in the field of housing and communal services is carried out by the Ministry of Construction and Housing and Public Utilities. In the Methodological recommendations approved by the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated July 31, 2014 No. 411 / pr on the procedure for organizing and holding general meetings of owners of premises in apartment buildings, paragraph 13 of section VII establishes that "to summarize the results of the general meeting in the form absentee voting, a counting commission is created, the members of which are elected at the general meeting.

"Complicity" of the chairman and secretary of the meeting in the work of the counting commission deprives the count of votes of legitimacy. According to paragraph 17 of Section VII of the above Methodological Recommendations, the members of the counting commission sign the Protocol separately on the Chairman and Secretary of the meeting

Taking into account the requirements for certain means of proof (Article 60 of the Code of Civil Procedure of the Russian Federation), proving the eligibility of the counting commission is allowed only by the election of other persons to it, except for those elected by the meeting of the chairman and secretary. No such evidence has been presented, so there is no reason to trust the results of the vote, calculated with the participation of the chairman and the secretary of the meeting.

Within the competence of the meeting in Part 2 of Art. 44 of the LC RF does not specify the right of the general meeting of owners to establish its own procedure for counting votes and does not provide for the right to give the chairman and secretary of the meeting the right to count votes.

According to Part 5 Art. 46 ZhK RF only if the decision becomes binding on all owners of premises in an apartment building, if it is adopted in the prescribed manner and on issues within the competence of such a meeting. A direct violation of the procedure established by law for the formation of a counting commission indicates the nullity of the decision due to exceeding the powers of the meeting to establish a special, different from the procedure established by law, for counting votes when it is adopted. Such the decision has not acquired legal force, it is not binding on the owners of the premises

Since the opposing party did not provide evidence of compliance with the requirements of the law when forming the counting commission, I PLEASE reflect this circumstance, which is crucial for the correct resolution of the case, in the reasoning part of the court decision.

Section 2. VIOLATION OF THE REQUIREMENTS FOR THE ESTABLISHED PROCEDURE FOR HOLDING A MEETING

EXAMPLE #3 - REGARDING THE SIGNING OF THE PROTOCOL

To court

federal judge

case participant

According to Part 5 Art. 46 ZhK RF only if the decision becomes binding on all owners of premises in an apartment building, if it is accepted in due course. The established procedure requires a signature in the Protocol the chairman of the meeting and the secretary of the meeting (part 3 of article 181.2 of the Civil Code of the Russian Federation), however, in violation of this requirement, the minutes of the general meeting were not signed by the chairman of the meeting.

According to Part 1 of Art. 46 ZhK RF

Decisions of the general meeting of owners of premises in an apartment building are drawn up in minutes in accordance with the requirements established by the federal executive body responsible for the development and implementation of tions of state policy and legal regulation in the field of housing and communal services.

State policy and legal regulation in the field of housing and communal services is carried out by the Ministry of Construction and Housing and Public Utilities. In the Methodological recommendations approved by the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated July 31, 2014 No. 411 / pr on the procedure for organizing and holding general meetings of owners of premises in apartment buildings, paragraph 15 of section VII establishes that "the minutes of the general meeting in the form of absentee voting is made 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.

In violation of the accepted procedure, the minutes of the meeting were not signed by the chairman of the meeting

Chairman - K.Yu. BEKETOV.

secretary - A.S. KUZIN.

THE DATE does not have the property of an official document that the decision is drawn up in violation of the established procedure, and therefore the decisions contained in it do not have any legal force

EXAMPLE #4 -NOTSIGNING THE PROTOCOL AND CERTIFICATION OF SIGNATURES

To court

federal judge

Participant of cases a

ADDITIONAL WRITTEN EXPLANATION

as evidence of the lack of legal force of the Minutes of the meeting dated DATE

The minutes of the general meeting from DATA were drawn up with violations of Part 3 of Art. 45 and part 1, 2 art. 46 LCD RF. The protocol is certified by the seal of the Society and signed by the employees of the Society AA, BB, BB as members of the counting commission, and CEO GG.

The protocol does not contain a single signature of the owner of the premises in the house. By virtue of h. 1 Article. 46 of the Housing Code of the Russian Federation, decisions of the general meeting of owners are drawn up in minutes in the manner established by the general meeting of owners of premises in this house.

The protocol is a document reflecting the decisions taken by the owners, which excludes the signing of this document by other persons who are not owners, unless the owners, by their decision, have established such a special procedure for drawing up the protocol. Evidence of acceptance by owners special order protocol is not provided.

By law, the minutes are signed by the chairman of the meeting and the secretary of the meeting (Part 3, Article 181.2 of the Civil Code of the Russian Federation), however, in violation of this requirement, the Minutes of the general meeting do not have the signature of the chairman of the meeting.

By virtue of h. 1 Article. 46 of the Housing Code of the Russian Federation, decisions of the general meeting of owners are drawn up in minutes in the manner established by the general meeting of owners of premises in this house. The meeting did not establish a procedure in which the protocol is not signed by the chairman.

The decision of the owners to elect AA, BB, and BB as members of the counting commission entitles these persons to only count the votes. No decision was made on the right of these persons to sign the minutes of the general meeting of owners on behalf of the owners.

Certification on the Minutes of the meeting of signatures of members of the counting commission AA, BB and BB with the seal of the managing organization indicates that the document belongs to the managing organization, but the general meeting of owners of premises in an apartment building is the management body of an apartment building that is not subordinate to any legal entity (part 1 of article 44 of the LC RF ).

According to clause 23 of GOST R 51141-98, only a document drawn up and certified in the prescribed manner is recognized as an official document. According to clause 4.9 of GOST R 6.30-2003 "Organizational and administrative documentation. Requirements for paperwork ..."

“The protocol is signed according to the scheme

Chairman - K.Yu. BEKETOV.

secretary - A.S. KUZIN.

The words "chairman" and "secretary" are printed to the left of the zero position of the tabulator, separated by two intervals from the heading and from each other ... The minutes are drawn up by the secretary of the meeting, the minutes acquire legal force only if there are two signatures - the chairman and the secretary. signatures are placed, separated from the text by two or three line intervals, from the border of the left margin. the first copy of the protocol is signed, which is filed by the secretary in the case and kept in accordance with the period determined by the nomenclature of cases.

Judicial practice confirms that improper execution of the minutes of the general meeting as a document having legal force - in particular, the absence of the signature of the chairman of the meeting - is an essential circumstance for recognizing such minutes as null and void - see. for example, the Cassation ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Karelia dated December 27, 2011 in case No. 33-3868/2011.

It follows that the Protocol ofTHE DATE does not have the property of an official document, and therefore the decisions contained in it do not have any legal force

Section 3. LACK OF QUORUM in case of EXCEEDING COMPETENCE in terms of FORMING THE BODIES OF THE ASSEMBLY

Example #5

To court

federal judge

case participant

ADDITIONAL EXPLANATION

The respondent alleges that there is a decision of the general meeting dated March 28, 2013, at which a decision was allegedly made to elect Management Company Housing Standard LLC as a managing organization. In fact, there is no evidence that the meeting (if it took place) took any decision on three grounds

1. LACK OF RELIABLE INFORMATION ABOUT VOTING PARTICIPANTS

According to Part 3 of Art. 45 LCD RF:

“the general meeting of owners of premises in an apartment building is competent (has a quorum) if premises owners in this House or their representatives holding more than fifty percent of the votes of the total number of votes.”

According to paragraph 2 of part 5 of Art. 181.2 of the Civil Code of the Russian Federation The minutes of the meeting must contain information about the persons who took part in the voting. In violation of these requirements, the minutes of the meeting do not contain information about the persons who took part in the meeting, and therefore there is no evidence that the participants in the meeting actually had, in aggregate, a sufficient number of votes, giving the right to make decisions.

In full accordance with Article 60 of the Code of Civil Procedure of the Russian Federation, the above requirements for

"information about persons" indicate that proving the eligibility of a meeting is allowed only by information about the persons who took part in the voting:

i) the original Register of participants in the meeting with their signatures and

ii) original Bulletins - Decisions of the meeting participants with their signatures - but no other means of proof;

This evidence is not provided., thus the presence of a quorum is not proven.

It can be seen from the content of the agenda of the meeting that the issue of electing the counting commission was not submitted to the decision of the voting participants. Meanwhile, according to part 5 of Art. 181.2 of the Civil Code of the Russian Federation The minutes of the meeting must contain information about the persons who conducted the counting of votes (clause 4) and the persons who signed the protocol (clause 5). The literal interpretation of the above provisions of the law comes down to the fact that one person is counting the votes, and the protocol is signed by others.

In the Methodological recommendations approved by the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated July 31, 2014 No. 411 / pr on the procedure for organizing and holding general meetings of owners of premises in apartment buildings, paragraph 13 of section VII establishes that "to summarize the results of the general meeting in In the form of absentee voting, a counting commission is created, the members of which are elected at the general meeting.

According to paragraph 17 of section VII of the mentioned Methodological recommendations members of the counting commission sign the Protocol separately about the Chairman and the secretary of the meeting.

Taking into account the requirements for certain means of proof (Article 60 of the Code of Civil Procedure of the Russian Federation), proving the eligibility of the counting commission is allowed only by the election of other persons to it, in addition to those elected by the meeting of the chairman and secretary. No such evidence has been presented, therefore there is no reason to believe that the voting results were determined in the manner prescribed by law

According to part 5 of Art. 46 of the Housing Code of the Russian Federation only in the event that the decision becomes binding on all owners of premises in an apartment building, if it is taken in the prescribed manner and on issues within the competence of such a meeting. A direct violation of the procedure established by law for the formation of the counting commission deprives the summing up of the results of the meeting of legitimacy, such a decision has not acquired legal force, it is not mandatory for the owners of the premises

3. EXCEEDING THE COMPETENCE OF THE MEETING WHEN FORMINGASSEMBLY BODIES

According to Part 3 of Art. 181.2 Code of Civil Procedure of the Russian Federation

Vasilyeva D.R. is indicated in the Minutes as the secretary of the meeting, but she cannot be either a participant in the meeting, much less elected at elective office secretary of the meeting, since she was not the owner of the premises at the time of the meeting. On November 7, 2016, a representative of Yarunova's organization, in support of Vasilyeva's authority to participate in the meeting, submitted a power of attorney certified by LLC "MC Housing Standard" to participate in the meeting Vasilyeva D.R. from her relative Shafigullin R.V., who received a certificate of ownership of the apartment in December 2013 - 8 months after the meeting.

From this it follows, firstly, that at the time of execution of the power of attorney, specified in the power of attorney, the principal did not have the right of ownership and transferred powers that he did not have. And secondly,

LLC "MC Housing Standard" did not have the right of the managing organization at the time of execution of the power of attorney; this organization acquired the status of the managing organization after the meeting.

According to Part 1 of Art. 46 ZhK RF

The protocol of the general meeting of owners of premises in an apartment building is an official document.

Since the Protocol is not signed by a secretary who has the right to participate in the meeting, it has acquired the features of an official document, such a document is considered void, regardless of whether it is recognized as such by the court.

Conclusion

According to the current legislation, the decision of the meeting may be challenged; in this case, the term "disputable transaction" is used. But in the case under consideration, only our indication of the nullity of the decision of the meeting is sufficient - in paragraph 1 of Art. 185.3 of the Civil Code of the Russian Federation states:

The decision of the meeting is invalid on the grounds established by this Code or other laws, by virtue of its recognition as such by the court (disputable decision) or regardless of such recognition (void decision).

According to paragraph 2 of Art. 185.5 of the Civil Code of the Russian Federation

Unless otherwise provided by law, the decision of the meeting is void if it ... is adopted in the absence of the necessary quorum

No evidence of a quorum was provided. According to Art. 60 of the Code of Civil Procedure of the Russian Federation, the failure to provide evidence of a certain type cannot be compensated by any other means of proof.

According to Part 1 of Art. 46 ZhK RF

The minutes of the general meeting of owners of premises in an apartment building is an official document.

Since the formed Protocol did not acquire the features of an official document due to the absence of the signature of the secretary of the meeting and the absence of signatures of the members of the counting commission. Such a document is considered null and void regardless of whether it is recognized as such by the court.

Under the circumstances, there is no reason to believe that

That the meeting actually took place;

That an appropriate number of participants in the meeting took part;

That the meeting duly formed the bodies of the meeting (counting commission; chairman and secretary);

That decision sheets were actually distributed to the participants;

That the participants noted in the decision forms all the necessary details, including their registered ownership;

That the commission elected by the assembly carried out the counting of the votes;

That the members of the counting commission signed the results of the vote;

That the chairman and the secretary, who has the right to participate in the meeting, have drawn up the minutes with their signatures

I PLEASE reflect in the reasoning part of the court decision this circumstance, which is of decisive importance for the correct resolution of the case.

EXAMPLE #6 -OF SIGNING THE PROTOCOL BY AN UNAUTHORIZED PERSON AND COUNTING OF VOTES BY UNELECTED COUNTING COMMISSION

To court

plaintiffs

Defendant HOA

STATEMENT OF CLAIM

on the application of the consequences noah transaction

We became aware of the existence of Minutes No. 4 of the decision of the meeting held from 12 to 26 May 2015 on the approval of the conclusion audit commission, on the approval of the estimate, on the renaming of the fund and other issues (Appendix No. 2). We believe that the decision of this meeting is void and we raise the issue of applying the consequences of the invalidity of the void decision to the court, in support of which we present the following arguments

1 - According to Part 5 of Art. 46 of the Housing Code of the Russian Federation, the decision of the general meeting of owners of premises in an apartment building becomes “binding for all owners of premises in an apartment building, including for those owners who did not participate in the vote”, only if it is adopted “in the manner prescribed by this Code, on matters within the competence of such a meeting”. However, during the general meeting of owners, the procedure established by law was violated, and many times in the form

Non-compliance with the procedure for issuing a protocol (ii)

i) It follows from the content of Minutes No. 4 that the agenda did not provide for the election of members of the counting commission. However, the Protocol contains an entry:

Members of the counting commission (owners of the premises who took part in the counting of votes)

1. Vorobieva Olga Nikolaevna (apartment 147);

2. Barshina Olga Yurievna (room 78)

Whence it follows that the counting commission was not elected by the meeting, and the participants in the meeting Vorobyova O.N. and Barshina O.Yu. do not have the authority to count the votes cast by the meeting participants. Housing legislation provides for the scope of competence of the general meeting of owners - part 2 of Art. 44 LCD RF. Within the limits of competence, the powers of the general meeting of owners to violate the established procedure for counting votes are not indicated, and the right of any persons who do not have special powers, perform the duties of members of the counting commission.

Since the issue of electing members of the counting commission was not included in the agenda at all, the appearance of any voting results is excluded; no voting results have been properly summed up on any issues on the agenda, and therefore no decisions have legal consequences.

ii) According to Part 3 of Art. 181.2 Code of Civil Procedure of the Russian Federation

Meeting minutes are signed by the chairman and secretary

The meeting is opened and chaired by the Chairman of the Board of the HOA "Privolnoye" - Mzhelsky V.M. Secretary of the meeting - Yarkova L.L.

Since the meeting participants did not elect the secretary of the meeting, Yarkova L.L. did not receive from the meeting the authority to participate in the preparation and signing of the Minutes of the meeting. Without the signature of the secretary, the Protocol loses the mandatory details of the document.

According to term No. 8 from GOST 7.0.8 - 2013 "System of standards ... Terms and definitions"

Official document: A document created by an organization official or a citizen, issued in the prescribed manner ke

According to Part 1 of Art. 46 ZhK RF

Minutes of the general meeting of owners of the premises and in an apartment building is an official document.

Since the formed Protocol has not acquired the features of an official document, such a document is considered void, regardless of whether it is recognized as such by the court.

2 - The competence of the general meeting is limited to Part 2 of Art. 44 ZhK RF; the meeting does not have the right to accept for its consideration any issue included in the agenda; the meeting has the right to consider only those issues that are affected by the LC RF. But the housing legislation does not allow the adoption of decisions by the meeting without the formation of a counting commission and without the election of a secretary of the meeting. According to paragraph 3 of Art. 185.5 of the Civil Code of the Russian Federation

Unless otherwise provided by law, the decision of the meeting is void if it ... is taken on an issue that does not fall within the competence of the meeting

3 - According to the current legislation, the decision of the meeting may be challenged; in this case, the term "disputable transaction" is used. But in the case under consideration, only our indication of the nullity of the decision of the meeting is sufficient - in paragraph 1 of Art. 185.3 of the Civil Code of the Russian Federation states:

The decision of the meeting is invalid on the grounds established by this Code or other laws, by virtue of its recognition as such by the court (disputable decision) or regardless of such recognition (void decision).

Simultaneously with the indication of the nullity of the decision of the meeting, we raise before the court the question of the application of the consequences of the invalidity of the void decision in full accordance with Art. 12 of the Civil Code of the Russian Federation

Based on the above, guided by art. eighteen; 46 of the Constitution of the Russian Federation, articles 1, 4, 8, 44, 45; 46 ZhK RF; article 16 of the Consumer Rights Protection Law; articles 8, 12, 166-169; 182.1; 185.1 of the Civil Code of the Russian Federation; articles 131-132 of the Code of Civil Procedure of the Russian Federation

In order to apply the consequences of the invalidity of a void decision of the general meeting, RECOGNIZE the decision of the general meeting as having no legal consequences

APPENDIX

1. Receipt of payment of state duty 300 rubles

2. Minutes of the meeting (copy)

The new Housing Code, which came into force, marked the beginning of a completely new approach to solving issues in the housing sector. This was the subject of a previous article.

Particular attention was paid to the fact that citizens are aware of the need for their own initiative to arrange life in their home, so that it is as comfortable as possible, and they will begin to take part in the management of the common property of the house. In other words, the government hopes, first of all, for the activity of the residents themselves in the implementation of the rights and obligations granted to them by law.

The topic of this article is to help owners prepare and conduct general meetings without errors. And first of all, to recommend certain practical steps in choosing one of the ways to manage the property at home.

What's with the meeting?! (Definition of assembly).

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

So what is a general meeting? Who are the property owners? How is it carried out? Who should be doing this?

Of course, the skeptic will say that the meeting is a complete punishment, torture, hard labor and the like. Well, what else can you call an indefinite stay in a stuffy room or on a cold courtyard, in the company of people bound by one goal, but at the same time defending their own ideas, using all sorts of ways and methods of persuasion.

But in this matter, pessimism and passivity are not our allies.

The general meeting is an organized, pre-planned event, the purpose of which is to resolve certain issues.

No one except the owners can decide the management of their property. Therefore, only the general meeting, as the only governing body of the house, can and is obliged to decide on the management, use and disposal of the common property of the house.

Owners are residents of apartments that have been privatized or bought or inherited, etc. your apartment. The owners of non-residential premises are also participants in the general meeting. For example, if there is a store in your house, then the owner of this store, on an equal footing with other residents of the house, should participate in the life of the house. The municipality can also be the owner of residential and non-residential premises. If you have a social tenancy agreement or a lease agreement for premises, then the owner of this premises is the city administration.

One property can have multiple owners. It depends on the type of ownership: common joint ownership or common shared ownership. With common joint ownership, one person (husband or wife) acts on behalf of the owner, who acts in the common interest and jointly resolves all issues. With common shared ownership, each owner, according to certain shares (the shares are indicated in the document for ownership), acts on his own behalf and resolves issues himself. An exception is a minor or incompetent owner. On his behalf, a legal representative (parent, guardian, custodian) acts, who has presented documents confirming his authority (birth certificate of the child or the Resolution of the Head of the Administration on the appointment of a guardian or custodian).

The question of how to manage the house is decided at the general meeting of owners by a majority vote. It is the choice of management method that should be devoted to the first meeting.

It should be remembered that this choice is not a right, but an obligation of the owners. There are three options to choose from:

All "house" problems can be solved by the management company (UK),

Homeowners Association (HOA)

And directly to all owners.

Why are we going? (Goals of the meeting).

The competence of the general meeting includes (Article 44 of the LC RF):

Making decisions on the reconstruction of an apartment building (including its expansion or superstructure), the construction of outbuildings and other buildings, structures, structures, the repair of common property in an apartment building;

Making decisions on the limits of the use of the land plot on which the apartment building is located, including the introduction of restrictions on its use;

Making decisions on the transfer to use of common property in an apartment building;

Choosing a way to manage an apartment building (direct management of the owners of premises in an apartment building; managing a homeowners association or a housing cooperative or other specialized consumer cooperative; managing the forces of a managing organization (Article 161 of the LC RF);

Establishment and liquidation of a homeowners association;

Approval of the amount of payment for the maintenance and repair of residential premises in an apartment building;

Other issues referred by the Housing Code of the Russian Federation to the competence of the general meeting of owners of premises in an apartment building (Articles 44, 135, 141, 156 of the Housing Code of the Russian Federation).

That is, the owners, uniting, resolve issues of joint management of the common property of the house (including a land plot, a residential building and other real estate objects).

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 binding on all owners of premises (Article 46 of the Housing Code of the Russian Federation).

So, depending on the pressing problems, the main goals of the meeting and ways to solve them are determined. At the first meeting, the main issue is the choice of how to manage the apartment building.

The goals or main issues of the general meeting are formalized by the agenda of the meeting.

Sample agenda for a general meeting of homeowners

Application to the minutes of the general meeting homeowners No. dated "___" _______ 2005 AGENDA General Assembly located at: at ____ hour _____ min. "____" _____________ 2005 1. Election of the chairman of the general meeting (during the first general meeting, its chairman is the owner, on whose initiative the general meeting is held). There is no need to elect a chairman when conducting absentee voting. 2. Election of the secretary of the general meeting and the counting group (the size of the counting group directly depends on the number of owners who came to the general meeting). 3. Choosing a way to manage an apartment building located at: __________________________________________________________________________. 4. Choice of the Management Company (for the method of management - the management organization). 5. Establishment of an association of homeowners or a housing cooperative or other specialized consumer cooperative(for the management method - HOA, ZhSK, ZhK). 6. Deciding on the conclusion of an agreement or agreements for the provision of services and the performance of work on the maintenance, repair of the common property of a residential building, the provision of public services (for all methods of management). 7. Coordination of the terms of the contract for the management of an apartment building (for the method of management - the Managing Organization). 8. Approval of the Charter of a homeowners' association or a housing cooperative or other specialized consumer cooperative (for the method of managing an HOA, housing cooperative, LCD). 9. Election of management and control bodies of a homeowners' association or a housing cooperative or other specialized consumer cooperative (for the method of managing an HOA, housing cooperative, LCD). 10. Establishment of the amount of payment for the maintenance and repair of housing, which ensures the maintenance of common property in an apartment building in accordance with the requirements of the current legislation (for any method of management). 11. Determination of the procedure for making payments for the maintenance and repair of housing (for any method of management). 12. Making a decision on payment of expenses for the overhaul of an apartment building, taking into account the proposals of the managing organization on the timing of the start of the overhaul, the required scope of work, the cost of materials, the financing procedure and other proposals related to the overhaul (for any method of management). 13. Giving one of the owners the authority to represent the interests of the owners of an apartment building in relations with third parties (for a direct method of management). 14. Determination of the place (address) of storage of minutes of general meetings and decisions of owners on issues put to the vote (for any method of management). 15. Determination of the term and form of holding the next general meeting of owners in an apartment building (for any method of management). 16. Making a decision on the reconstruction of an apartment building (including with its expansion or superstructure), the construction of outbuildings and other buildings, structures, structures, the repair of common property in an apartment building (for any method of management). 17. Deciding on the limits of the use of the land plot on which the apartment building is located, including the introduction of restrictions on its use (for any method of management). 18. Making a decision on the transfer to use of common property in an apartment building (for any method of management). 19. Determination of the owner, who must have technical documents for a residential building (for a direct method of management). 20. Determination of a place for posting information about the decisions taken at the general meeting (for any method of management). 21. Determination of the method of notification of subsequent general meetings (for any method of management). Owner (initiator of the meeting): ____________________

How are we going? (Meeting Forms).

A general meeting of owners of premises in an apartment building can be held:

1) in person, that is, with the joint presence of the owners of the premises in a specific place and at a specific time to discuss issues put to a vote;

The face-to-face form of holding a meeting is acceptable if the house is small (single-entrance or has no more than five floors). For the meeting, it is better to choose a day convenient for everyone, for example, Saturday. The place of the meeting depends on the extent to which the common area can accommodate all participants in the meeting. If there was no such place in the house, but you don’t want to freeze in the courtyard of the house, you can talk with the leadership of the local housing department and gather in the “red corner” of this housing department.

In any case, all issues regarding the place and time of the meeting should be worked out in advance. In addition, you can preliminarily find out the opinion of the tenants on the issues of the upcoming meeting. All this will make the meeting more fruitful and not stretched out in time.

It is not easy to hold a general meeting of tenants in a building with hundreds of apartments. Therefore, here you can use the absentee form of voting. First of all, it is necessary to decide where, when and how voting on the issues of the meeting will be carried out. Most likely, the initiator of the meeting will determine his apartment as the place for collecting ballots. Within the specified period, each owner of the premises will bring the completed ballot to the specified address. Either he will bypass the residents of the house, or he will install a box for collecting ballots near each entrance. It all depends on the desire and ability of the initiator of the meeting. Also, preliminary work is necessary to notify the owners of the upcoming absentee voting, clarify the issues of the meeting and draw up the necessary paperwork.

Application to the minutes of the general meeting homeowners No. dated ____________ 2005 Bulletin apartment building owners Full name No. and date of registration Received in person _______ _____________ "___" ______________ G. signature name date BREAK LINE Bulletin apartment building owners located at the address: st. _________ No. d. ____ No. apt. _____ (without the agenda of the general meeting is invalid) Owner: ___________________________________________________________________________ Full name Information about the document confirming the right of ownership _________________________________________________________________________________ No. and date of registration Submit the ballot by _____________ to the address ____________________________________ Write your decision with the words "for", "against" or "abstained" against each item on the agenda of the general meeting (For example) 1. Election of the secretary of the general meeting and counting group Sidorov - Vasiliev - 2. Choosing a way to manage an apartment building Management Company - Direct control - Owner _______ _____________ "___" ______________ signature name date

Who initiates the general meeting? (Initiator of the meeting).

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

The initiators of the general meeting of owners may be:

a) primary - the owner or several owners of premises in this house (part 1 of article 45 of the LC RF);

b) the next meeting - persons from among the owners responsible for holding the meeting (elected at the first meeting of owners - (part 1 of article 45 of the LC RF), the board of the HOA (if it has been created);

c) extraordinary - at the initiative of any of the owners of this apartment building (part 2 of article 45 of the RF LC), the board of the HOA (if it has been created), members of the HOA.

How to hold a meeting? (Preparation of the meeting).

For successful general meeting, it is desirable that the house has an initiative group of owners of the premises. Earlier it was said that the initiative group 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, the placement of information and documentation, and also determines the date and place of the general meeting. In this work, the necessary assistance can be provided by the city administration.

The initiative group is also working on other issues related to the holding of the general meeting:

Identification of all owners in this apartment building,

Preliminary survey of the opinions of residents on the method of managing the house,

As well as collecting information about organizations specializing in the management of apartment buildings,

Determination of the share of each owner in the common property of an apartment building,

Determination of candidates for the chairman of the general meeting, secretary, counting commission and others.

The general meeting of homeowners is chaired by the chairman of the meeting. For the first meeting, and also, if the agenda includes the question of choosing a way to manage the house, another rule is established - the meeting is led by its initiator.

See a sample register of home owners

Who and how should inform residents about the meeting? (Notice to tenants).

Article 45 of the LC RF regulates the procedure for holding a meeting. Its initiators are obliged to send a notification to each owner, which indicates not only the issues under discussion, but also the surname, name, patronymic of the person who convenes the meeting. The General Meeting is not entitled to make decisions on issues not included in the agenda, nor is it entitled to change the agenda. Otherwise, the decision of the general meeting may be challenged in judicial order(part 2, 6 article 46, part 2 article 146 of the LC RF).

According to part 4 of Art. 45 of the Housing Code of the Russian Federation, the initiators of convening a general meeting are obliged to inform the owners of the premises in this house about the holding of such a meeting no later than 10 days before the date of its holding.

Sample notice of a general meeting

Application to the minutes of the general meeting homeowners No. dated ____________ 2005 NOTIFICATION About holding "___" ______ 2005 at ___ hour. ___ min. General meeting of owners of the premises of an apartment building located at: _________________________________________________________________________________________ The meeting is held in the form of: meeting (absentee voting) On the initiative of _________________________________________________________________________ By the address: _____________________________________________________________________________ The agenda is attached. Information and (or) materials that will be presented at the general meeting can be found at: _________________________________________________________________ Attention! You can participate in the meeting through your representative by issuing a power of attorney for him in accordance with the provisions of Art. 185 of the Civil Code of the Russian Federation In the absence of you or your representative at the general meeting, decisions on agenda items will be made without your participation. Appealing the decisions of the general meeting on the adopted issues, if they violate your legitimate interests and cause you significant damage, is possible in court within 6 months from the date of the decision. When holding a general meeting in the form correspondence voting, those who took part in it are considered to be the owners of the premises, whose written decisions are reflected in the ballot of absentee voting and received before ____ hours ____ minutes "___" _________ 200_ (the deadline for accepting decisions). Solutions should be sent to: _______________________________________________. BREAK LINE Owner: __________________________________________________ Resident: ________________________________________________ I do not object to holding the meeting "___" ________________ 2005 The notice and the agenda of the meeting were received in person on ___ ______________ 2005. __________________ (___________________) the date signature full name

When is the meeting considered completed? (Eligibility of the assembly).

The general meeting is eligible if it was attended by the owners of the premises in this house or their representatives, who have more than 50 percent of the votes of the total number of owners (Article 45 of the LC RF).

The presence of the owners at the meeting is confirmed by a registration sheet of participants indicating the last name, first name, patronymic, address, details of the certificate of ownership of the premises, and the signature of the owner. If the meeting is attended by a representative of the owner, then a power of attorney must be attached.

Sample registration sheet of the general meeting of owners

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

The list of objects of common property and the procedure for determining shares in the right of common ownership are established by Art. Art. 36, 37 LCD RF.

Voting is carried out on each issue on the agenda after its discussion. To sum up the results of voting, a counting commission must be created, the composition of which is approved by the general meeting. Any decision of the general meeting is drawn up in a protocol in the manner established by the general meeting of owners of premises in this house (part 1 of article 46 of the LC RF)

The law does not establish any requirements for the form of the protocol. But according to the traditions of conducting general meetings, the minutes must be drawn up in writing, signed by the chairman and secretary, as well as members of the counting commission. The minutes must indicate the date, place of the general meeting of owners and the agenda.

Sample minutes of the general meeting of owners

Protocol No. General meeting of owners of premises of a residential building, located at: _________________________ Seversk "____" ___________ 2005 Tomsk region General meeting of owners of the premises of an apartment building at: _______________________ took place "____" ___________ 2005 at ___ hour. ___ min. indoors (venue) or (in absentia) The owners of the premises (their representatives) were present, confirming their authority to participate in the meeting with the right to vote, in the number of people with votes in the amount (% of the total number of votes) acting on the basis of the documents specified in the annex to this protocol. The meeting was chaired by: _______________________________________________________________ The meeting agenda is attached. On the first question listened to: _________________________________________________________________ Speakers: ____________________________________________________________________________________ The protocol is kept by ____________________________________________________________ Meeting Secretary __________________ (signature)

How to make decisions? (Formation of the decision).

The decision of the meeting must also be drawn up in writing, signed by the chairman and secretary, as well as members of the counting commission. The decision is an integral part of the minutes of the meeting.

The law establishes that the decisions of the general meeting of owners must be brought to the attention of all owners of the premises, including those who did not take part in the meeting, within ten days from the date these decisions were made (part 3 of article 46 of the LC RF).

The owner who does not participate in the decision-making at the general meeting is obliged to obey them.

Sample decision of the general meeting of home owners

So, the organizer of the first general meeting of owners in the house can be any owner or their group.

the size of the area belonging to him in this house. Simply put, we can assume that the owner has as many votes as he owns square meters.

The meeting is competent (may make the majority of decisions) if the owners of more than half of the residential areas in the house take part in it.

To resolve some issues, it is necessary that at least two-thirds of the votes be "for". This is just the choice of the method of managing the house, the reconstruction of the house, the construction of outbuildings, the repair of common property, the transfer of common property for use. To create an HOA, half of the votes of the total number plus one vote is enough. All other issues are decided by the majority of those present at the meeting.

The decisions of the meeting are binding on all owners, even if they did not take part in the meeting.

The submitted forms of documents for holding a general meeting of owners of the premises of an apartment building must be adjusted taking into account the characteristics of each apartment building, the form of holding a general meeting.

A sample agenda for the first meeting suggests all the possible issues that need to be resolved at the meeting. At the same time, depending on the chosen management method, voting can take place only on necessary issues (taking into account the chosen management method.

© We draw special attention of colleagues to the need to link to " " when quoting (an active hyperlink is required for on-line projects)

Yury Netreba from the Arbat Moscow Bar Association tells how to properly hold a general meeting of owners of the premises of an apartment building. If not all formalities are observed, the decision of the meeting may then be declared invalid. Therefore, it is important to know how to prepare documentation, report on the meeting, organize it correctly, formalize 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 governing body of an apartment building.

The 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:

1. Definition of an initiator.
2. Preparation of documents for the general meeting.
3. Notice of the general meeting.
4. Holding a general meeting according to the chosen form (full-time, part-time, part-time).
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 the owners. Legal entities also have this right, for example, the current management company(Clause 7, Article 45 of the LC RF).

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

To prepare for the General Meeting, the following documents will be required:

1. Register of owners of premises of an apartment building.
2. Notice of holding a general meeting of owners.
3. Forms of decisions of owners.
4. Registration sheets.

Where and how to get these documents?

The register of owners of the premises of an apartment building is needed in order to send notices 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 occupied by them. The document is an integral part of the minutes of the general meeting.

It can be obtained from the managing 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 registration certificates issued before July 15, 2016 or request information in the Unified state register real estate rights. After July 15, 2016, the right is confirmed by an extract from the USRR, and paper certificates were canceled (letter of the Ministry of Construction dated November 17, 2016 No. 38396-OD / 04).

Message (notice) on holding a general meeting

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

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 (who) the meeting is convened;
2. the form of the meeting (in-person meeting or absentee voting, meeting in person or by correspondence);
3. the date, time, place of the meeting or, in the case of holding this meeting in the form of an in-person or absentee voting, the time, date of commencement and completion 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;
4. meeting agenda;
5. the procedure for getting acquainted with the information and (or) materials that will be presented at this meeting, the place or address where they can be found.

Each owner of the premises in an apartment building should be notified of the time and place of the OSS no later than 10 days before the date of the general meeting. Depending on what method of informing the general meeting has established, you can hang an announcement in the entrance or other public place, hand over a signed notice to each owner or send it by registered mail (part 4 of article 45 of the LC RF).

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

• Change of the Criminal Code or the way of managing the house.
• Creation/liquidation of HOA.
• Approval of the procedure for registration and storage of the minutes of the general meeting of owners.
• Reconstruction of the house 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, a ban on the use of land belonging to the house.
• Solving issues related to the allocation of funds collected for capital repairs.

(Funds can go either to TSN's own account or to the general state fund. 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 owners of the premises chooses the most convenient and suitable way management and can change it at any time on the basis of its decision (part 3 of article 161 of the LC RF).

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

Direct control is possible in an apartment building, the number of apartments in which is not more than thirty (part 2 of article 161 of the RF LC). On behalf of the owners of the premises in such a house, in relations with third parties, one of the owners of the premises in such a house or another person having the authority certified by a power of attorney (part 3 of article 164 of the LC RF) is entitled 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 the decision of more than 50% of the owners) or by the owners of apartments in several buildings, is a type of association of real estate owners, 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 LC RF; Subclause 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, provide utilities, carry 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 LCD RF).

The HOA has the right to provide services and (or) perform work on the maintenance and repair of common property in an apartment building on its own or engage, on the basis of contracts, persons engaged in relevant activities. If the HOA has concluded an agreement with the managing 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 LC RF).

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

When choosing a managing organization by a general meeting of owners of premises, 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 LC RF). 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, to provide utilities 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 LC RF).

An apartment building management agreement is concluded for a period of not less than one year and not more than five years (part 5 of article 162 of the LC RF). 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 ZhK RF. For improper provision of services, the managing organization is liable to the owners. They have the right at the general meeting to refuse to fulfill the contract for managing an apartment building if the managing organization does not comply with the terms of such an agreement, and decide to choose another managing organization or to change the method of managing the house (part 8.2 of article 162 of the LC RF).

Holding a general meeting

On the day of the meeting, the members of the initiative group meet the other 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 title, place of residence or location, passport data) 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 the persons participating in the in-person part of the voting shall be entered on the registration lists. Regardless of participation in the in-person part of the voting, all owners vote in writing, 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 is regulated in detail by the 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 MKD premises contain?

In the decision of the owner on the issues put to the vote, the following information must be specified:

Information about the owner:

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

If the vote is taken by a representative, he must attach a power of attorney. The legal representative who voted for the 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, the 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 competent (has a quorum) if the owners of the premises or their representatives, who have more than 50% of the votes of the total number of votes, took part in it. The number of votes that each owner of 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 establishment of the Association of Property Owners.
2. On the approval of its name;
3. On the approval of its charter;
4. On the election of its chairman;
5. On the choice of management method;
6. On the termination of previously concluded management contracts.

More than 50% of the total number of votes is required to make a decision to create a TSN. All owners who voted “FOR” the creation of TSN and the 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 shall be counted. Otherwise, the decisions are declared invalid. 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 a protocol with all voting ballots attached to it. The requirements for the protocol are regulated in detail by the Order of the Ministry of Construction, Housing and Communal Services of the Russian Federation dated December 25, 2015 No. 937 / pr.

The mandatory details of the protocol are:

1. Title of the document;
2. date and registration number of the minutes of the general meeting;
3. the date and place of the general meeting;
4. heading to the content part of the minutes of the general meeting;
5. content of the minutes of the general meeting;
6. place (address) of storage of minutes of general meetings and decisions of owners of premises in an apartment building on issues put to a vote;
7. annexes 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 the owners of the premises, if the chairman and secretary were not elected.
9. Signatures of all owners who voted "FOR" the creation of TSN and the approval of the charter of the Partnership.

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

Introductory - recorded statistics, facts.

Making out the protocol, in this section the data are indicated: 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 an identity document, the full name without abbreviations, the number of the dwelling, the owner of which is the individual, the details of the document on the right of 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. The total area of ​​the apartment building. Agenda. Presence/absence of a quorum and eligibility of the meeting.

In the main part, the procedural moments of the on-site stage are recorded directly. The remote stage is not described.

Main part

The agenda and individual sections are written here (their number corresponds to the questions). Issues are put for consideration by the owners in accordance with the notice of the meeting. One or more items may be on the agenda. Questions are numbered.

It is forbidden to add the “Miscellaneous” item, to discuss various issues within its framework. It is forbidden to put on the agenda issues that are 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. "Listened" - here the full name of the speaker 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" - the unambiguous and brief essence of the proposal on the issue being voted on.

Part 3. "Decid" - decisions on all issues on the agenda: the wording can be "for", "against", "abstained". Be sure to write the number and exact wording issue according to the agenda, the sum of votes on different items.

There may be several numbered items in a decision.

Information about those present and invited

Those present at the meeting are individuals and legal entities that have the right to vote at the meeting (they have the right of ownership to the premises in the MKD). 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 “Participants”, information about all persons present at the general meeting is entered.

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 - the name written without abbreviations and OGRN jur. persons, respectively, registration and founding documents, 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 according to the document proving the identity 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 these persons are indicated.

Data on the persons present at the meeting can be drawn up as 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 annex to the minutes of the general meeting. In the protocol itself, the note “The list is attached, Appendix No. ____” is put immediately after writing the total number of those present.

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

1. a 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 PSRN of legal entities, numbers of premises belonging to them, and details of documents confirming the rights ownership of the premises, the number of votes owned by each owner of the premises in an apartment building;
2. notice of the general meeting, drawn up in accordance with paragraph 5 of Art. 45, paragraph 4 of Art. 47.1 RF LC.
3. a register of delivery to owners of premises in an apartment building of messages about holding 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 they were received by owners of premises in an apartment building (representatives of owners), with the exception of a case in which the decision of the general meeting stipulates that the notice of the holding of the general meeting is placed in the premises of this house, determined by such a decision and accessible to all owners of premises in this 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 their copies) or other documents (their copies) 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 an imperfect child, the child's birth certificate must be attached;
6. documents on which, in the course of consideration of issues included in the agenda and put to a vote, decisions were made at the general meeting;
7. 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;
8. 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 the prescribed manner.

The minutes of the general meeting are made 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.

Reporting 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 publish the decisions taken by the general meeting, as well as the voting results. To do this, you need to post a message in the premises of this house, which is determined by the decision of the general meeting and is available to all owners.

It is necessary to notify all owners no later than ten days from the date of adoption of these decisions (part 3 of article 46 of the LC).

Sending 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 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 the Federal Law No. 485-FZ of December 31, 2017, the Managing Organization, the Board of the Homeowners' Association, ZhK, ZhSK after 11.01.2018. are obliged to send not copies, but originals decisions and minutes of the general meeting of the owners of the premises submitted 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 body of state housing supervision 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, the protocol must be transferred within five days from the time they were received from the initiator by the managing organization, the board of the HOA, ZhK or ZhSK. Delivery must be made in such a way that it is possible to confirm the fact and date of receipt of documents by the state housing supervision authority. In addition, the obligation to place in the state information system housing and communal services (hereinafter referred to as the system) of electronic images of decisions, a protocol 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 available for viewing in the system, as well as when transferring decisions, minutes in any other way than posting 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 Housing Code of the Russian Federation federal law No. 485-FZ of 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 a place or at an address determined by the decision of this meeting. (Clause 4, Article 46 of the Housing Code of the Russian Federation).