General meeting of owners of an apartment building: the procedure, protocol. Article 45 of the RF CC

The management body in the MKD is a meeting of all apartment owners. It makes key decisions regarding common property of the apartment building.

Any owner of the premises in the MKD can initiate the meeting. This situation is fixed in paragraph 2 Art. 45 LCD of the Russian Federation. As a rule, an initiative group of owners is created. Its members form the agenda and deal with organizational issues.

Let's consider further the procedure for holding a general meeting of owners of premises in an apartment building.

First meeting

Proceeding from the provisions Art. 45 LCD of the Russian Federation, all meetings, except for the finalannual, are considered extraordinary. Before the convocation of the meeting, a preliminary meeting of the initiative group is held. It can only include the owners of the premises MKD.

At the first meeting of the group the agenda is determined of the general meeting of owners of an apartment building, day and address. It should be organized in full-time. In other words, all owners must participate in it.

Based on the results of the meeting of the initiative group, a protocol is drawn up. It expresses the intention to conduct general meeting of owners of premises in a block of flats, indicate its form, date, location. The protocol also lists the issues to be discussed and other important points.

Important points

Decisions of the general meeting of the owners of the apartment building can only be taken on those issues thatare reflected in the agenda. To discuss other problems or to change the list of issues, the meeting has no right. The corresponding provisions are contained in Article 46 of the LC.

Considering this, when developing the agenda of the meeting, it is necessary to formulate as accurately as possible the issues proposed for discussion.

Before holding a general meeting of apartment building owners it is necessary to obtain information about the tenants and the areas they occupy. The initiative group can request this information from the management company.

Notification

To ensure the quorum, it is necessary to send a notice to each tenant about the upcoming meeting. The notification should specify:

• Information about the persons who initiated the procedure.
• The form of the meeting.
• Place, time, date or day in whichthe decision of the owners of premises on the issues put to vote is completed, the address where they should be transferred (if the meeting is organized in absentia).
• The rules for acquaintance with the materials (information) that are supposed to be presented at the meeting, or the address on which they can be found.
• The agenda.

Method of notification

The initiative group should report on the upcoming general meeting of the owners of an apartment building 10 days before the day of its holding. You can notify tenants:

• Registered letters. This method is considered the most effective.
• Handing the notice to every tenant under the signature.
• Having placed an advertisement in the entrance (entrances).

Together with the notice it is advisable to sendtenants information letters, in which there will be explanations on the substance of the issues that are put to the vote. Such a letter can also be placed on the bulletin board.

Full-time meeting

On the appointed day, the initiators meet the tenants at the appointed place. Tenants have the right to send their representatives to the meeting. In this case, the powers of the latter must be confirmed by a power of attorney.

Information about the residents present is entered in the registration sheets.

It must be said that the meeting can be recognizedcompetent if it was the owners of the premises who together have more than half of the total number of votes. The number of votes that an owner may have is calculated proportionally to the share in the right to common property of an apartment building.

If for some reason the quorum can not be collected, a protocol is drawn up about this. It is signed by the initiative group.

Key procedures

On the first general meeting owners of apartment buildings must choose a chairman, secretary,form a commission for counting votes. The secretary is responsible for keeping the record. When creating a commission, the number of its members is first approved, and then the specific persons that are members of it.

Voting should be conducted on each issue separately. The participants of the meeting must choose one of three options: "for", "against" or "abstained".

Acquaintance with the decisions made

The results of discussion of issues (voting) are communicated to all tenants by the entity initiating the meeting (initiative group) within 10 days from the date of their receipt.

At the same time, the owners themselves must decide at what address and in what way they will get acquainted with the decisions. Of course, this should be done on the territory of an apartment building. All apartment owners must have free access to such a place.

As a rule, a copy of a bulletin board is posted on the bulletin board minutes of the general meeting. Owners of apartment buildings, however, they may decide that familiarization with the results of voting will be carried out in the form of a notice sent to each tenant.

Storage of documentation

Regardless of the form in which the meeting of the owners of premises was held, the documents (protocol of the general meeting of owners of the apartment building, etc.) must be stored in a place designated by the tenants. This rule is established by Article 46 of the LC.

Absentee voting

It is carried out if oa general meeting of apartment building owners did not score a quorum.

For the consideration of the tenants the same questions are raised,only the form of making decisions on them changes. To implement the procedure, a meeting of the members of the initiative group is held. It discusses the form of notification of tenants, the order of delivery of forms with questions for voting. A protocol is also drawn up according to the results of the meeting.

As in the case of face-to-face voting, notificationowners is carried out 10 days prior to the date of commencement of decision-making. In absentia discussions, it is advisable to send a notice to each tenant. Attached is a form with questions.

Form of decision

The following data should be present in the voting form:

• Name of the subject participating in the voting.
• Requisites of the document (certificate) certifying the ownership of the living space in the MKD.

Forms should also contain fields opposite each issue with options "for", "against" or "abstained".

Reception and processing of forms

Decisions of owners on the issues raisedAccepted at the address specified in the minutes of the meeting of the members of the initiative group. It is advisable to duplicate the place of reception in each form. In addition, you should specify the deadlines.

Processing of the received forms is carried out by the counting commission. At the end of the procedure, the results of the voting are announced.

Decoration features

Legal forms will have forms in which for each issue only one option from the submitted ones is selected. Decisions issued with violations are considered invalid.

If there are several questions on the form, non-compliance with the established requirement for some of them will not entail recognition of the invalidity of the remaining decisions.

The results of voting shall be drawn up in a protocol. All forms filled in properly are attached to it.

The disclosure of the results is carried out according to thethe same rules that are provided for full-time voting. The message can be placed on the bulletin board or sent to each tenant in the form of a letter. The notice period is also 10 days after the final vote count.

The Ministry of Construction issued athe application of the provisions of the LC. There are several applications in them that provide exemplary sample forms of questionnaires, protocols, and other documents produced during the meetings. They can be taken as a basis, supplemented, modified in accordance with the needs of the tenants of a particular apartment building.

What can owners discuss?

The agenda of the meeting may include issues related exclusively to the ICA. In particular, they can discuss:

1. Reconstruction of the structure (including associated with the superstructure or expansion), the construction of hozpostroek and other buildings, buildings, repair work in a block of flats, the rules of using the capital repair fund.
2. The choice of the method of creating a capital overhaul fund, the amountThe contribution in the part of its excess over the established minimum standards. The latter is discussed if the relevant legislation has been established by regional legislation.
3. The choice of a specific person responsible for opening a special account and performing settlement operations with funds located on it.
4. The questions of the receipt by the partnership of owners orhousing cooperative (HBC) or other specialized consumer cooperative, management organization, authorized person (if management is carried out solely by the owners of housing) loan / loan for the overhaul. At the same time, the general meeting can determine the essential terms of the loan agreement, the need for suretyship, and the receipt of guarantees by these responsible entities. The owners discuss the rules for repaying the loan at the expense of the capital repair fund, paying interest and expenses for obtaining guarantees and sureties.
5. Limits of using the local areaapartment building. Owners of premises may impose restrictions on unauthorized persons (within the framework of legislation). In addition, the general meeting has the right to discuss issues relating to the improvement of the adjacent territory of the apartment building, sources of funds for the conduct of relevant work.
6. The limits of the use of common property by strangerspersons. In particular, the general meeting has the right to discuss the conditions for the provision of elements of an apartment building for the placement of advertising structures, the conclusion of contracts with companies that perform their installation and operation.
7. Appointment of persons responsible for the conclusionagreements with third parties on the use of property MKD, including the installation and operation of advertising structures on the terms established by the apartment owners in the house.
8. The use of information or other, including automated systems in the organization and conduct of absentee voting, the appointment of persons responsible for this.
9. The choice of the method of reception by an authorized person(administrator of the meeting) on ​​the organization and holding of meetings of owners, decisions made by apartment owners on issues put on voting forms, the duration of the adoption of certain decisions when conducting absentee voting.
10. The way to manage MKD. The owners have the right to entrust the management of the HOA, the management company or to implement it independently.
11. Issues related to the ongoing maintenance of the building, engineering communications, other elements of the apartment building.
12. Other issues related to ensuring the normal functioning of the MCD, attributed to the competence of the LC management body.

For the approval of decisions under paragraphs 1-7, not less than 2/3 of the total number of residents participating in the meeting is required. The majority of votes on the remaining issues.

Meaning of meetings

Despite the fact that in most casesmanagement of apartment buildings is entrusted to HBC or a management company, joint discussion of the problems associated with the operation of MKD, does not lose its relevance.

The owners of the premises solve many questions: from repairing the roof to the construction of farm buildings. Residents can determine the amount of the contribution for capital repairs themselves. It should not be less than a regional standard (if it is installed), but it may be larger than it.

Particularly relevant are issues related touse of the territory adjoining the house. Between neighbors, there are often disputes about parking cars, walking dogs. It is advisable once to solve all these issues at a general meeting than to constantly enter into conflicts.

Owners can jointly, in concertto distribute among themselves the duties connected with maintaining cleanliness in the entrances, on the staircases. Quite often there are conflicts between smoking and non-smoking neighbors. At the meeting, residents can determine the ventilated space for smokers, set rules for placing wheelchairs, bicycles and other items that are often used in public areas.

Finally

Recently, people began to show greatActivity in dealing with issues related to the home in which they live. To hold a full-time meeting, however, is more difficult than absentee voting. As a rule, pensioners are permanent participants, since they are not burdened with work, they have more free time.

Nevertheless, general meetings are necessary. They allow residents to stay informed. The main thing is to form an initiative group of energetic, active people. Well, if the composition will include a lawyer. He will be able to become a representative of tenants in different instances, judicial ones as well. This is of particular importance in the implementation of decisions related to cash. To open an account on which the accumulation of tenants will be kept, to conclude contracts on behalf of all owners with a banking organization, a person who deserves confidence should carry out payment transactions.

Usually in each entrance there is an activetenant, ready to defend the interests of all owners. The initiative group can be formed just from such people: one from each entrance (if there are several of them). If the entrance is only one, then enough, and one or two active citizens. In many houses management is carried out exclusively by residents. This significantly saves the funds of the owners, since no third-party organization is required to pay for this.