Announcement of a general meeting of owners of apartment building premises. Notice of a general meeting of owners of apartment building premises

HOW TO REGISTER DOCUMENTS FOR THE MEETING OF PREMISES OWNERS BY CHOOSING A METHOD OF MANAGING A MULTIPLE-Apartment RESIDENTIAL BUILDING

SAMPLE

ANNOUNCEMENTS AND/OR NOTICES ABOUT THE MEETING

PREMISES OWNERS

MULTIPLE APARTMENT BUILDING

Dear owners!

(ave., lane, square, etc.)………………………… will take place…(number) … …. (month) … 201…. years in ………. hours at... (name of premises) (ave., lane, square, etc.)…………………………, d. ….. .

Agendas:

The owners of ALL residential and non-residential premises of the house MUST PARTICIPATE in the meeting upon presentation of their passport. Representatives of owners must have powers of attorney drawn up in accordance with the requirements of the law. The meeting materials available to members of the initiative group can be found on ………………………. (where and when)………………………… .

1. …. (full name)(signature)

2. …. (full name)..... owner of living space in sq. m. No....(signature) etc.

Note: If the apartment is closed and no one lives in it, then this notice must be sent by registered mail.

SAMPLE

NOTICES ABOUT THE MEETING

PREMISES OWNERS

MULTIPLE APARTMENT BUILDING

if the owner does not live in the apartment,

cannot be notified against signature,

but there are tenants living in the apartment

2 copies

Dear ……(full name) ……………………!

General meeting of owners of the premises of our apartment building No. ..... on the street(ave., lane, square, etc.)………………………… will take place…(number) … …. (month) … 201…. years in ………. hours at... (name of premises)…. at the address: Semikarakorsk, street(ave., lane, square, etc.)…………………………, d. ….. .

Agendas:

1. “Choosing a way to manage our apartment complex residential building»,

3. “Choosing a location for information materials in our apartment building,”

4. “Choice of storage location for decisions of the general meeting of our apartment building.”

(where and when)………………………… .

The initiators of the meeting are:

1. …. (full name)..... owner of living space in sq. m. No....(signature)

2. …. (full name)..... owner of living space in sq. m. No....(signature)

Notice for transfer of gr. ………………….. (full name)…………… was received by a citizen living in the apartment. ……..(full name)……………….. (signature, date)

Note: One copy of this notice is given to the tenant. The second copy with the recipient’s signature remains with the initiative group and is attached to A SIGNATURE SHEET certifying the delivery of notices of the meeting to the owners.

SAMPLE

MULTIPLE APARTMENT BUILDING

POWER OF ATTORNEY

Semikarakorsk "____" _____________ 201__

in the city ______________

(ave., lane, square, etc.) ___________________________________ in the city of ______________ to choose the method of managing this residential building for a citizen _____________ (full name)________________________________________

Note:

1. A power of attorney can be certified by the house management, at the place of work, or in a medical institution when the owner is in hospital. The power of attorney can also be notarized.

2. The power of attorney is attached to the registration sheet of the meeting.

SAMPLE

power of attorney from the owner to his representative to participate in

MEETINGS OF PREMISES OWNERS

MULTIPLE APARTMENT BUILDING AND CHOICE

A SPECIFIC METHOD OF MANAGING THE HOUSE

POWER OF ATTORNEY

Semikarakorsk "____" _____________ 201__

I, the undersigned owner of the residential area ________ sq. m in apartment No. __________ house No. _________ on the street (ave., lane, square, etc.) ___________________________________ in the city ______________

passport _____________________ No. _______________________ issued “________” _________________ __________ year ______ (name of the authority that issued the passport)___________ I trust to participate in the meeting of owners of residential premises in house No. _________ on the street (ave., lane, square, etc.) ___________________________________ in the city of ______________ to choose the method of managing this residential building in the form of __________________________________________________________ citizen_____________ (full name)______________________________ upon presentation of passport ________ No. ____________________ issued by “________” _________________ __________ year ______ (name of the authority that issued the passport)___________.

Signature gr. ___________________________________ I assure you.

Name of the organization, full name of the official, signature, seal.

Note:

1. A power of attorney can be certified at the place of work, in a medical institution when the owner is inpatient treatment. The power of attorney can also be notarized.

2. The power of attorney is attached to the registration sheet of the meeting.

3. A representative of the municipality, as the owner of residential and non-residential premises in your building, must have the appropriate power of attorney from the owner to participate in the meeting, just like a representative of any other owner. Without a power of attorney, he cannot participate in the meeting and cannot vote.

SAMPLE

signature sheet certifying receipt by the owners

SUBSCRIPTION LIST,

certifying delivery to owners

notices of the meeting

Agendas:

1. “Choosing a way to manage our multi-apartment residential building,”

3. “Choosing a location for information materials in our apartment building,”

4. “Choice of storage location for decisions of the general meeting of our apartment building.”

You MUST PARTICIPATE in the meeting upon presentation of your passport. Your representative must have a power of attorney executed in accordance with the requirements of the law. The meeting materials available to members of the initiative group can be found on ………………………. (where and when)………………………… .

The initiators of the meeting are:

1. …. (full name)..... owner of living space in sq. m. No....(signature)

2. …. (full name)..... owner of living space in sq. m. No....(signature)

Notice of the meeting was received by:

Apartment no.	owner	Owned area	owner	Note

Note: The signature sheet is attached to the minutes of the meeting.

SAMPLE

REGISTRATION SHEET

MEETINGS OF PREMISES OWNERS

MULTIPLE APARTMENT BUILDING

REGISTRATION SHEET

meetings of premises owners

house number ____ on the street. _________________________________ Semikarakorsk

Meeting start date “_____” _________________ 200__

End date of the meeting “_____” _________________ 200__

Apartment no.	owner	Owned area	Share in the total ownership of the house in %	Marking attendance at the meeting	Note

Signatures of registration group members:

1. ___________________(full name)______________________ _______(signature)__________

2. ___________________(full name)______________________ _______(signature)__________

3. ___________________(full name)______________________ _______(signature)__________

Note:

2. Powers of attorney of representatives of owners are attached to the registration statement

3. The registration sheet is attached to the minutes of the meeting.

SAMPLE PROTOCOLMEETINGSOWNERS

MULTIPLE APARTMENT BUILDING

BY CHOOSING A HOUSE CONTROL METHOD

PROTOCOL

general meeting of owners of premises in multi-apartment residential building No._______ on the street. __________________ Semikarakorsk

"___" _______________ 200___g.

General meeting of owners of premises in multi-apartment residential building No._______ on the street. __________________ convened at the initiative of the owners of residential space:

1. ______________(Full name

2. ______________(Full name)_____________________, apartment No. _________,

3. ______________(Full name)_____________________, apartment No. _________.

Present:

1. Owners of residential premises in the number of ___ __________________ Human,

2. Representatives of the owners of residential premises in the number _______ people who have powers of attorney from the owners,

3. Owners of non-residential premises in number __________________ Human,

4. Representatives of owners of non-residential premises in the number _____ Human.

Determination of the competence of the general meeting:

The total area of the house (without common areas) is _______________ square meters.

The meeting is attended by owners and representatives of owners who own ___________ square meters area, which is _____________ % of the total area of the house.

In accordance with paragraph 3 of Art. 45 of the Housing Code of the Russian Federation, this meeting of owners legally.

Election of the chairman and secretary of the meeting:

Chairman of the meeting ___________________________________________________.

Secretary of the meeting _____________________________________________________.

Meeting agenda:

1. Choosing a way to control the house,

3. Choosing a location for placing information materials,

4. Choosing a place to store decisions of the general meeting.

Regarding the first and second questions:

LISTENED TO: Full name

He proposed to consider the first and second issue together and said that the Housing Code Russian Federation provides for 3 ways to manage an apartment building: through a management company, by creating a homeowners' association and by directly managing the owners of an apartment building.

The first method of management through a management company is divided into 2 methods: management through a municipal unitary enterprise “Directorate of a single customer” or management through a private management company.

Option 1.

In order to figure out which method can and should be chosen, people who know in practice what these methods are, what is good about each of them, and what difficulties are encountered with this or that management method are invited to the meeting.

LISTENED TO: Representative of the City Administration ______________( Full name)__________________.

LISTENED TO: Chairman of the initiative group for the direct management of the house by its owners ______________( Full name)__________________.

and/or

A representative of a house where the method of direct management of the house by its owners has already been chosen ______________( Full name)__________________.

LISTENED TO: Representative of the private management company "ХХХХ" ______________( Full name)__________________,

LISTENED TO: Representative of the private management company "CHCH" ______________( Full name)__________________,

LISTENED TO: Chairman of the initiative group for the creation of a homeowners association ______________( Full name)__________________

and/or

A representative of the building where a homeowners’ association has already been selected ______________( Full name)__________________.

Option 2.

The speaker spoke about the advantages and disadvantages of all methods of managing apartment buildings provided for in paragraph 1 of Art. 161 of the Housing Code of the Russian Federation.

Continuation of the protocol.

SPEAKERS:

1. ______________(Full name

2. ______________(Full name)__________________, owner of apartment No. _____,

3. ______________(Full name)__________________, owner of apartment No. _____,

4. ______________(Full name)__________________, owner of apartment No. _____,

LISTENED TO: Chairman of the initiative group for choosing a method of managing the house, ______________( Full name)__________________, owner of apartment No. ________.

He explained: in order to make a decision on the way to manage the house, it is necessary to resolve the second issue on the agenda - the form of voting. There are two options:

The initiative group made a proposal to conduct absentee voting as follows.

At the end of the meeting, all participants of the meeting - apartment owners in the counting commission will receive voting ballots. The ballot papers contain all the data necessary for voting. Within two weeks - within the period specified in the bulletin - the owners must choose a method of managing the house, tick the chosen method in the bulletin, sign and bring the ballot to the place indicated in it.

We will no longer meet. The voting results will be calculated by the counting commission. The voting results will be posted in designated locations today.

DECIDED:

2. Set the date for issuing ballot papers from today according to "____" _________________ 201 ____,

3. Set the end date for receiving ballots “____” ___________ 201 ____.

4. Set the address for issuing and receiving ballots ______________ ________________________________________________.

5. The Counting Commission and the initiative group inform the owners about decision made within _______ days from the end of voting by posting a notice in the places established by this meeting.

"FOR" __________,

"AGAINST" ___________,

ABSTAINED______________.

"FOR" __________,

"AGAINST" ___________,

ABSTAINED______________.

7. Elect the following to the counting commission to conduct absentee voting on choosing the method of managing the house:

1. ______________(Full name

2. ______________(Full name)__________________, owner of apartment No. _______,

3. ______________(Full name)__________________, owner of apartment No. _______.

"FOR" __________,

"AGAINST" ___________,

ABSTAINED______________.

8. Choose a method of managing multi-apartment residential building No._______ on the street. __________________ city _____________ _________________(name of the chosen control method)___________________.

RESULTS OF THE STATE CONSULTATION ON THE CHOICE OF A HOUSE MANAGEMENT METHOD:

1. homeowners association,

2. management of the management company “CHCHCHCH”,

3. management of the management company “XXXX”,

4. direct management of the owners of their home,

Home control method
“FOR” HOMEOWNERS ASSOCIATION
“FOR” MANAGEMENT OF THE MANAGEMENT COMPANY “XXXX”
“FOR” MANAGEMENT OF THE MANAGEMENT COMPANY “CHCHCHCHCH”
“FOR” DIRECT MANAGEMENT OF THE OWNERS OF THEIR HOME

Thus, according to the voting results, the owners of ________ square. meters of the total area of the house, which is _____________% of the number of participants in the vote and _____________% of the total area of the house was chosen as the method of managing multi-apartment residential building No._______ on the street. __________________ city _____________ _________________(name of the chosen control method)___________________.

On the third question:

LISTENED TO: Full name)__________________, owner of apartment No. ________.

He proposed placing information materials on information stands on the first floors of each entrance.

DECIDED: place information materials on information stands on the first floors of each entrance.

"FOR" __________,

"AGAINST" ___________,

ABSTAINED______________.

On the fourth question:

LISTENED TO: Member of the initiative group for choosing a method of managing the house, ______________( Full name)__________________, owner of apartment No. ________.

He proposed choosing the apartment of our chairman of the initiative group for choosing a method of managing the house as the storage location for the decisions of the general meeting of our apartment building at the address: ______________ ____________________________________________________________.

DECIDED: to choose as the storage place for the decisions of the general meeting of our multi-apartment residential building the apartment of our chairman of the initiative group for choosing a method of managing the house at the address: _________________ ___________________________________________________________.

"FOR" __________,

"AGAINST" ___________,

ABSTAINED______________.

An integral part of this protocol are:

1. SIGNATURE SHEET certifying delivery of notices of the meeting to the owners,

2. REGISTRATION SHEET of the meeting of premises owners,

4. Protocols No. 1, 2, 3 of the counting commission.

Chairman of the meeting ______________(full name)___________________ ___(signature)_____

Secretary of the meeting ______________(full name)___________________ ___(signature)_____

Note: The original minutes with all attachments must be kept in the place established by this meeting. If it is necessary to submit the protocol to any authorities, it is necessary to make a copy of it.

The meeting documents must be drawn up accurately and legally competently so that the decision of your meeting is not questioned by your co-owners and is not challenged in court. When holding a meeting, full accessibility of information and complete openness of the procedure must be ensured. If the owners have questions, ambiguities and doubts during the meeting, it is better to announce a break in the meeting. We need to let people think, read our brochures, provide them with additional information, and carry out further explanatory work.

The sample documents given here are not dogma. They do not need to be rewritten verbatim. But you can safely rely on them when drawing up documentation for your home. We hope we've helped you create the right documents for your meeting.

We sincerely wish you an improvement in the quality of your life, a successful and reasonable choice of how to manage your home.

Sample advertisement

ANNOUNCEMENT about holding a general meeting of owners of the premises of an apartment building N on the street _____________________

Dear homeowners!

"__"___________ 200_ at ____ hours 00 minutes. in the assembly hall of the building located at the address: city, st. __________________________, house N ______, a general meeting of owners of residential and non-residential premises of the apartment building N ____ will be held, on the street ________________________________.

This general meeting will be held on the initiative of ______________________.

To register as a participant in the general meeting you must have:

1) to individuals the specified notice, identification document, certificate or certified copy of the certificate of ownership of residential (non-residential) premises;

2) for legal entities - a power of attorney from a legal entity - the owner of residential (non-residential) premises, other documents confirming ownership of the premises.

Each owner at the general meeting has a number of votes in proportion to his share of participation, established in accordance with the provisions of the Housing Code of the Russian Federation.

Agenda of the General Meeting:

1. Choosing a method for managing an apartment building.

2. Approval of the Charter of the homeowners association.

3. Election of the Homeowners Association Board.

4. Selection of the audit commission (auditor).

5. Transfer of part (all) of the functions for managing the homeowners’ association to a management company.

6. Registration of the right of common shared ownership of a land plot with elements of landscaping and improvement on which an apartment building is located, and the limits of its use.

7. Selection of an authorized person to carry out all actual and legal actions in pursuance of decisions made at the general meeting.

8. Miscellaneous.

We remind you:

The decision of the general meeting, adopted in the manner established by the Housing Code, is mandatory for all owners of premises in an apartment building, including those who, regardless of the reasons, did not take part in the vote (Part 5 of Article 46 of the Housing Code of the Russian Federation).

For preliminary acquaintance with the draft Charter of the homeowners association, other documents that will be discussed at the general meeting, you can contact us at a convenient time for you from ___ hours 00 minutes to ___ hours 00 minutes. in ______________________ at the address: city, st. ________________________________________, house N ______.

Initiator of the general meeting ____________________

Source - "Homeowners' Associations", "Peter Press"

Example of a notice of a meeting of homeowners

Karnaukhova Irina Ivanovna

423572, Republic of Tatarstan,

Nizhnekamsk, st. 40 years of Victory, 22-14

Notification

on holding a general meeting of owners

housing in an apartment building

Dear owner of the premises!

July 30, 2017 year in 17 hour. 30 min. (local time) in the assembly hall of the TGKM "Crystal", located at Nizhnekamsk, st. Prigorodnaya, 34, a general meeting of the owners of residential premises of the apartment building No. 22 on 40 Let Pobedy Street in Nizhnekamsk will be held, in the form of joint presence of such owners to resolve the issues indicated on the agenda.

The initiator of the general meeting of homeowners is the owner of apartment No. 48, building No. 22 Margarita Ivanovna Prilunova.

In accordance with the Housing Code of the Russian Federation, the owners of premises in an apartment building make decisions related to the management of such a building at a general meeting of these owners through voting. Voting can be done in person or through a representative. The representative of the owner of the premises in an apartment building at the Meeting acts in accordance with the powers based on the instructions of federal laws, acts of authorized state bodies or acts of local government bodies, or a written power of attorney for voting, certified by a notary.

To participate in the Meeting and vote, the owners of the premises must have a passport and a document confirming the ownership of the premises or a copy thereof; representatives of the owners of the premises must have a passport and a power of attorney to participate in voting or a copy of the order on the appointment of the head of a legal entity. Registration of participants in the Meeting begins from 17 o'clock 00 min., owners and their representatives must register no later than 10 minutes before the start of the Meeting.

Agenda for the general meeting of premises owners:

Procedural issues (election of the chairman, secretary of the meeting, members of the counting commission)
Report on the work of the management company for the first half of 2017
On termination of the contract with the management company
On the selection of a management company and the main conditions for concluding an agreement with the newly elected management company.

You can preview the draft report and other documents that will be considered at the meeting at the stand of building No. 22 (first entrance), on the day of the meeting at the venue from 16:00. 00 min.

We remind you that the decision of the general meeting, adopted in the manner established by the Housing Code of the Russian Federation, is mandatory for all owners of premises in an apartment building, including those who, regardless of the reasons, did not take part in the vote (Part 5 of Article 46 of the Housing Code of the Russian Federation ).

Sincerely, owner of the premises

Prilunova Margarita Ivanovna

How to initiate a general meeting of homeowners

Before a notice can be issued, a general meeting must be initiated. This can be done by:

an initiative group of homeowners or any of them independently
HOA board, if it is created in the house
managing organization, but only on issues within the competence of the general meeting (Article 44 of the Housing Code of the Russian Federation)
management organization, homeowners association, housing cooperative, housing construction or other specialized consumer cooperative upon written request of owners owning at least 10% total number votes of owners of premises in an apartment building.

The meeting itself is held in the form of in-person (joint presence), absentee or absentee voting. It is considered competent if owners with more than 50% of the total number of votes took part in it.

Contents of the notice of the meeting of homeowners

Notification is provided no later than 10 days before the event date. In free form, in writing. But it must contain the following information:

who is the initiator of the
form (full-time, part-time or part-time), date, place and time
agendas
procedure for familiarizing yourself with materials on issues included in the agenda

If the general meeting of homeowners is held in the form, then the notification must indicate the end date for making decisions and where to send them.

How to serve notice of a homeowners' meeting

The law provides for several ways to serve notices of a meeting:

send by registered mail (with )
place in a publicly accessible area of an apartment building
hand it over to everyone personally with a receipt stamp

The decision of the general meeting of owners of premises in the house may provide for another method of sending notification.

Violation of the rules for drawing up and delivering a notice of a meeting of homeowners often becomes the basis for filing, accepted by such a building management body.

The notice of holding a general meeting of LLC participants is one of the first and main documents at the stage of preparation for the general meeting. Already at the stage of its development and distribution, participants need to take into account a number of nuances. Otherwise, this may lead to negative consequences, including challenging the meeting’s decision and declaring it incompetent.

The holding of a general meeting of participants (both extraordinary and annual) is preceded by a mandatory stage. This organizational issues, which constitute the procedure for convening a general meeting of participants. One of the key actions at this stage is to notify participants about the upcoming meeting. To do this, the company needs to competently draw up a notification and observe all the nuances when sending it.

The law provides that the notification is sent to the address specified in the list of participants of the company, or in another way provided for by the company’s charter (clause 1, article 36 of the Federal Law of 02/08/98 No. 14-FZ “On Limited Liability Companies”, hereinafter referred to as the Law No. 14-FZ). However, it is most often used classic version sending notification - in the form of a letter sent to the participant by mail or delivered in person. This method of submission is the most reliable for evidentiary purposes. If you follow all the rules, it is not difficult to confirm the fact and moment of sending and receiving a notification, since practice has already developed certain approaches. The same cannot be said about other types of notification - for example, if the charter provides for its publication on the official website.

It is important to comply with notice periods. Thus, it is necessary to notify participants about the upcoming general meeting no later than 30 days before it is held (Clause 1, Article 36 of Law No. 14-FZ). However, the charter may provide for shorter notice periods (clause 4, article 36 of Law No. 14-FZ). In this case, when sending a notification, you need to focus on them. However, establishing other deadlines should not deprive company participants of the right to participate in this meeting and receive information about it (subclause 5, clause 3, article 66.3 of the Civil Code of the Russian Federation). Therefore, such deadlines must be reasonable.

The notification must indicate the following information: time, place of the general meeting, as well as the proposed agenda (clause 2 of article 36 of Law No. 14-FZ). This information is essential. Thus, in one of the cases, the court did not accept as evidence of compliance with the procedure for convening a general meeting an inventory of the letter’s attachment and a postal receipt without the text of the notification itself, since these documents did not contain information about the time and place of the general meeting of the company’s participants, as well as about the proposed agenda day (resolution of the Federal Antimonopoly Service of the Moscow District dated 08.08.2012 in case No. A40-66350/11-45-580).

However, the agenda set out in the notice is not immutable. It can be adjusted in the future by any of the participants in the general meeting by making proposals to include additional issues on the agenda. But this can be done no later than 15 days before it takes place (paragraph 2, paragraph 2, article 36 of Law No. 14-FZ). In this case, the body or persons who convene the general meeting do not have the right to make changes to the wording of additional issues proposed for inclusion on the agenda of the general meeting. At the same time, all participants must also be notified of changes to the original agenda no later than ten days before the meeting, unless another period is provided for by the charter.

The law imposes special requirements for sending notice of changes, as well as initial notice. These documents must be sent by registered mail (Clause 1, Article 36 of Law No. 14-FZ). But practice shows that, despite the requirements of the law, it is better to send such correspondence by a valuable letter with acknowledgment of receipt and an inventory of the contents. This is necessary so that in the event of a dispute, the court has no doubt about what content was in the sent letter, as well as that the participant actually received the notification (resolution of the Federal Antimonopoly Service of the Far Eastern District dated October 31, 2011 in case No. A37-216/2010) . The fact is that some courts believe that postal receipts are not recognized as adequate evidence of a participant’s notification of a general meeting in the absence of an inventory of the contents or other evidence confirming the contents of the registered postal item(decrees of the Federal Antimonopoly Service of the Moscow District dated 05/04/2012 in case No. A41-16235/11, Central District dated 02/09/2012 in case No. A08-4756/2011).

If the agenda involves the approval of documents (for example, new edition of the company's charter) or if, for voting, participants need to familiarize themselves with any information in advance (for example, about candidates for the position of the sole executive body) or a notification is prepared before the annual general meeting, at which approval of annual reports, annual balance sheets, etc. is required. , then it is necessary to provide participants with the opportunity to familiarize themselves with these materials and information. A special procedure for familiarization may be provided for in the charter. If this is not done, then it works general rule: Materials and information are sent along with the notification as attachments. In addition, it is necessary to ensure access for company participants to these materials for review on the premises of the executive body, within 30 days before the meeting (Clause 3, Article 36 of Law No. 14-FZ) or within a shorter period, if provided for by the charter ( Clause 5, Article 36 of Law No. 14-FZ). This can also be mentioned in the text of the notification itself.

Failure to notify (improper notification) a company participant about a meeting may be grounds for challenging decisions made at it. The court may recognize this as a significant violation, which will entail declaring the meeting’s decision invalid (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated October 30, 2007 No. 7769/07 in case No. A40-43600/06-81-218). But even if violations have been committed, the meeting is legal if all members of the company are present (Clause 5, Article 36 of Law No. 14-FZ).

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, which can lead to legal proceedings and invalidation of the 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 legal entity owns several premises in an apartment building, he can vote only once. At the same time, the ballot indicates the total area of the premises that belong to such a person.

Incorrectly executed powers of attorney

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

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

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

certified by the organization in which the principal works or studies;
issued by the administration of the 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 requested in-person meeting does not take place, a separate absentee meeting may be held. 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 premises area.

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

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

Holding meetings with a similar agenda

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

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

Changing the agenda

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

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

Violation of the quorum of the meeting

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

The general meeting of owners of premises in an apartment building is considered legitimate if more than 50% of the owners of premises in an apartment building are present. But 50% of the votes do not ensure 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.

The method of forming the capital repair fund is chosen by 50% of the number of votes of all owners of premises in the apartment building (clause 1.1, part 2, article 44 of the Housing Code of the Russian Federation).

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

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

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

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