Quorum of the general meeting of owners of the premises. Step-by-step instructions on how to hold a general meeting of MKD owners

A quorum is the smallest number of meeting members required to make valid decisions.

If the meeting was attended by the owners or their representatives, who have more than 50% of the votes of the total number of votes, then the quorum has taken place and the meeting is considered to be held and competent (part 3 of article 45 of the LC RF).

The number of votes is determined not by the number of people present at the meeting, but by the size of their share in the ownership of the common property(Part 3, Article 48 of the LC RF). Accordingly, for a quorum, it is necessary that the meeting be attended by owners who jointly own more than 50% of the share in the OI.

If we are talking about a meeting of the HOA, and not about the general meeting of owners, then the quorum is determined from the total number of votes of the members of the partnership.

And by virtue of paragraph 2 of Art. 181.5 of the Civil Code of the Russian Federation, unless otherwise provided by law, the decision of the OSS is void, that is, invalid, regardless of whether it is recognized as such by the court, if it is adopted in the absence of the necessary quorum.

When holding a general meeting in full-time a quorum must be determined immediately. If the meeting is held in person, in absentia or in absentia, the quorum is determined on the last day of the adoption of written decisions.

Sometimes managing organizations do not take into account the votes of the owners of non-residential premises - this is a mistake. The quorum is determined based on the participation of the owners of all premises - residential and non-residential.

The presence of a quorum at the meeting does not guarantee that a decision on each item on the agenda will be made.

To resolve some issues, a majority vote of the total number of votes of the owners participating in the meeting is sufficient, that is, 50% of the total number of votes of all owners in the building +1 vote is sufficient, provided that the meeting has a quorum.

To make decisions, for example, related to overhaul MKD, the number of votes required is at least 2/3 of the total number of votes of the owners, so the number of meeting participants that provides a quorum may not be enough to make decisions on such issues.

No video.

If the meeting is in person and there is no quorum to resolve issues, then an absentee meeting is announced. At the same time, the initiators of the meeting need to draw up an act on the absence of a quorum at the in-person meeting, confirmed by registration sheets, and decide to hold the meeting in absentia in compliance with all established deadlines.

If the meeting is in-person and there is no quorum for the in-person part, the meeting is still held and ballots are distributed to those who came.

The correspondence part of the meeting is held only for those who did not participate in the in-person part, its duration is determined in advance by the initiator of the meeting.

What percentage is needed for a quorum at a general meeting of homeowners

Referring to Article 41.1 of the same Housing Code of the Russian Federation, decisions at open meetings of homeowners are made based on the results of in-person voting (with personal presence), absentee voting (filling out written questionnaires) and in person and in absentia.

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At the same time, it should be borne in mind that the votes are distributed among the owners of real estate not equally, but in accordance with their share of the area in the house, including also the total house property. To calculate what share of votes one participant has, it is necessary to divide the area of ​​​​his personal property (the value is recorded in title documents) by the sum of all documented non-residential and residential areas in a multi-storey building. Typically, this value is in technical passport, but sometimes it is outdated or inaccurate for one reason or another.

Article 45

1. The owners of premises in an apartment building are obliged to hold an annual general meeting of owners of premises in an apartment building every year. Unless otherwise established by the general meeting of owners of premises in an apartment building, the annual general meeting of owners of premises in an apartment building is held during the second quarter of the year following the reporting year, in the manner prescribed by this article.

2. In addition to the annual general meeting, general meetings of owners of premises in an apartment building are extraordinary. An extraordinary general meeting of owners of premises in an apartment building may be convened at the initiative of any of these owners.

3. The general meeting of owners of premises in an apartment building is competent (has a quorum) if it was attended by the owners of premises in this building or their representatives with more than fifty percent of the votes of the total number of votes, with the exception of the general meeting of owners of premises in an apartment building, conducted on the issue specified in clause 4.5 of part 2 of Article 44 of this Code. In the absence of a quorum for holding an annual general meeting of owners of premises in an apartment building, a repeated general meeting of owners of premises in an apartment building must be held. The general meeting of owners of premises in an apartment building, held on the issue specified in paragraph 4.5 of paragraph 2 of Article 44 of this Code, is competent (has a quorum):

1) if there is more than one entrance in an apartment building, if the general meeting of owners of premises in an apartment building was attended by the owners of premises in this apartment building or their representatives, who have more than fifty percent of the votes of the total number of votes of owners of premises in this apartment building , including owners of premises in an apartment building, in the entrance of which the transferred premises are located, having more than two-thirds of the votes of the total number of votes of such owners;

2) if there is one entrance in an apartment building, if the general meeting of owners of premises in an apartment building was attended by the owners of premises in this apartment building or their representatives, who have more than two-thirds of the votes of the total number of votes of owners of premises in this apartment building.

Information about changes:

Article 45 was supplemented by part 3.1 from January 11, 2018 - Federal Law of December 31, 2017 N 485-FZ

3.1. The managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, or another specialized consumer cooperative are obliged to maintain a register of owners of premises in an apartment building, which contains information that allows the identification of the owners of premises in this apartment building (last name, first name, patronymic (if any) the owner of the premises in the apartment building, the full name and main state registration number of the legal entity, if the owner of the premises in the apartment building is a legal entity, the number of the premises in the apartment building owned by an individual or legal entity), as well as information about the size of their shares in law common property on the common property of the owners of premises in an apartment building. Upon receipt by the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative, an appeal in writing, including an appeal using the system, the owner or other person specified in this article, on whose initiative a general meeting of owners of premises in an apartment building, on the provision of a register of owners of premises in an apartment building, these persons are obliged, within five days from the date of receipt of such an application, to provide the owner or other person specified in this article with this register. The consent of the owners of premises in an apartment building to the transfer of personal data contained in the register of owners of premises in an apartment building, when this register is provided in the manner prescribed by this part, in order to convene and organize a general meeting of owners of premises in an apartment building, is not required.

4. The owner, another person specified in this Code, on whose initiative a general meeting of owners of premises in an apartment building is convened, are obliged to inform the owners of premises in this house about such a meeting no later than ten days before the date of its holding. Within the specified period, a notice of holding a general meeting of owners of premises in an apartment building must be sent to each owner of premises in this house by registered mail, unless a decision of the general meeting of owners of premises in this house provides for another way to send this message in writing, or handed over to each owner of the premises. in this house against signature or placed in the premises of this house, determined by such a decision and available to all owners of premises in this house.

5. The notice of holding a general meeting of owners of premises in an apartment building must contain:

1) information about the person on whose initiative this meeting is convened;

2) the form of holding this meeting (in-person, absentee or in-person voting);

3) the date, place, time of this meeting or, in the case of holding this meeting in the form of absentee voting, the deadline for accepting decisions of owners on issues put to the vote, and the place or address where such decisions should be submitted;

4) the agenda of this meeting;

5) the procedure for getting acquainted with the information and (or) materials that will be presented at this meeting, and the place or address where they can be found.

Information about changes:

Federal Law No. 176-FZ of June 29, 2015 supplemented Article 45 of this Code with Part 6

6. Owners who have at least ten percent of the votes of the total number of votes of the owners of premises in an apartment building have the right to apply in writing to the managing organization or the board of a homeowners' association, housing or housing construction cooperative, other specialized consumer cooperative to organize a general meetings of owners of premises in an apartment building. In the application for holding a general meeting of owners of premises in an apartment building, issues to be included in the agenda of the meeting should be formulated. At the request of the owners, the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, or another specialized consumer cooperative are obliged to take the measures necessary for holding a general meeting of owners of premises in an apartment building within forty-five days from the date of receipt of the application, but no later than less than ten days before the date of the general meeting, notify each owner of the premises in this house of the holding of this general meeting in the prescribed manner, and also issue Required documents based on the results of this general meeting and ensure that they are brought to the attention of the owners of premises in this house in the manner prescribed by

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 - 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 from the Unified State Register of 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 plot belonging to the house.
• Solving issues related to the allocation of funds collected for capital repairs.

(Funds can go both to TSN's own account and to the general state fund. Such a decision does not 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 the owners of the premises chooses the most convenient and appropriate method of management and can change it at any time based on its decision (part 3 of article 161 of the LC RF).

Method 1. Direct control 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 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 entered into an agreement with 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 public 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 for carrying out 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" creation of TSN and approval of the charter, must sign the minutes of the general meeting.

Registration of voting results

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

Only those votes for which the owner has chosen only one answer option in the written decision 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 item "Miscellaneous", to discuss within its framework various questions. 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, 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 the exact wording of the issue in accordance with the agenda, the amount 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 provides 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 executed 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 a vote, at the place or at the address determined by the decision of this meeting. (Section 4, Article 46 Housing Code RF).

At a general meeting of owners, which is usually held in the presence of a homeowners association registered at a multi-storey building, key decisions on improvement are officially made in direct accordance with the articles of the current, with all amendments, Housing Code of the Russian Federation. The meeting of members of the HOA by legal distribution may be regular or extraordinary. The difference between them lies, in particular, in the fact that the regular ones take place once a year. As a rule, the holding time falls on the second annual quarter for the management organization to provide reports on the implementation of the terms of the contract, as required by the eleventh part of article 162 of the Housing Code.

An extraordinary public meeting of owners may be initiated by any of the owners of residential or non-residential premises in an apartment building. The number of such fees is unlimited, but it is important to consider that it is the initiator who is obliged to bear all the costs and concerns for organizing and conducting, including the timely sending of official notices and the date and place of the meeting.

Referring to Article 41.1 of the same Housing Code of the Russian Federation, decisions at open meetings of homeowners are made based on the results of in-person voting (with personal presence), absentee voting (filling out written questionnaires) and in person and in absentia.

Quorum as a form of counting votes

The quorum of members of the HOA itself is the number of those approved by law and the clauses of the charter of the organization managing the current documents, which is extremely necessary in order for the ongoing public meeting of the owners of residential premises to be actually recognized as valid. And also in order to legally and undeniably make one or another stipulated decision in accordance with the agenda announced in the notification. Article 45 of the current Housing Code establishes that a meeting has a quorum if the assembled participants have fifty or more percent of the votes of the entire multi-storey building.

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At the same time, it should be borne in mind that the votes are distributed among the owners of real estate not equally, but in accordance with their share of the area in the house, including also common house property. To calculate what share of votes one participant has, it is necessary to divide the area of ​​​​his personal property (the value is recorded in title documents) by the sum of all documented non-residential and residential areas in a multi-storey building. As a rule, this value is available in the technical data sheet, but sometimes it is outdated or inaccurate for one reason or another.

In order to find out the real area, it is necessary, again, to build on the current Russian legislation.

preliminary work

Before you calculate the quorums of the general meeting of owners, you must have certain information. First of all, this is the exact area of ​​​​your apartment building. Relevant and accurate information, in accordance with the Government Decree of the Russian Federation No. 491 of August 13, 2006, regarding the approval of the rules for the maintenance of common house property, is contained in Rosreestr. Paragraph four of this resolution states that if the information in the technical documents and the Unified State Register of Real Estate does not match, the data of the latter (Rosreestr) should be followed. This also means that in order to clarify the total area, you should immediately contact this authority.

For a face-to-face meeting of the HOA, it is important that there is a quorum, otherwise it is impossible to hold an event. To determine the presence of a quorum, you need the so-called turnout list of members of the HOA. In other words, each participant who appears must have a personal passport and documents confirming the ownership of real estate in this house. Information from these documents and the passport is entered into the attendance sheet, which must eventually be signed by the participant himself.

Prior to the start of the meeting, responsible persons count the number of shares of ownership and determine the presence of a quorum.

Explanations and examples

All the conditions and requirements for holding meetings of homeowners in multi-storey buildings can be found in separate articles of the Housing Code of the Russian Federation in force with changes. So, for example, the first part of Article 48 says that the right to actually vote on the voiced issues of the fixed agenda is exclusively for the owners of the premises in this house. That is, if we are talking about a residential apartment, only the opinion of its legal owner is taken into account, and citizens living with him, even if they are registered, do not have the right to vote. Taking into account the above rules for calculating the share for the right to common ownership of joint property, if the apartment has an area of ​​​​68 square meters, while the whole house is 6035 square meters, the owner's share of the common property will be 68/6035 = 0.011.

The third part of the same article of the LC RF regulates that the amount of votes of the owner is proportional to the existing legal share in the rights to the existing common property, that is, if we take the example above, 0.011 * 100 = 1.1 is the number of votes of this owner.

It is part three of Article 45 of the Housing Code that establishes that a quorum occurs when the number of votes present is more than fifty percent. In this case, instead of the owner, his representative may be present by a notarized power of attorney. If there is a real need for the presence of a representative, it is important to pay attention to the type of power of attorney issued, the specific limited list of powers and the validity period, which makes sense to limit to one day - the date of the meeting.

Owner voices

The sums of votes of members of the HOA at an open meeting as a percentage are determined by mathematically multiplying the total area in the private, privatized property of those present by the value 100 and dividing by the known exact area of ​​all the premises in the multi-apartment (multi-storey) building, including in without fail non-residential, owned by legal entities and in the presence of individuals. Total useful known from data state structures the area is indicated in the technical up-to-date documentation or it can be clarified in Rosreestr.

If we take as an example total area the whole house is 6035 square meters, as was given above, and the participants in the meeting, who own a total of 3248 square meters, it turns out:

3248*100/6035=53.81, which means that there is a quorum, the meeting can be held and decisions made by voting are also allowed.

However, it is also necessary to take into account what type of ownership the voting participant has. In this case, all actions, dates and figures must be entered in the minutes of the meeting, which must be signed by the participants. The form of the protocol is standard, no specific requirements are established.

The absence of a quorum is determined in the same way if the value is less than fifty. In this case, you will have to set the fee for another date and re-notify the property owners about this.

Shared ownership and co-ownership

In accordance with articles 245-252 in the Civil Code of the Russian Federation, currently in force with changes, common private, privatized property can be shared or, referring to articles 253-259 of the same code, joint. FROM shared ownership, as a rule, no difficulties arise, since the share is specifically allocated, as evidenced by the relevant documents. To determine the percentage of votes here, you need to multiply the area of ​​​​your share by 100 and divide by the total area of ​​\u200b\u200bthe house, just as is done in ordinary cases. When calculating the quorum at the meeting, only those figures and citizens that are recorded in the documents are taken into account.

The first and second parts of 253 articles in Civil Code RF establish that the owners of premises in joint ownership use real estate and dispose of it on an equal footing, since the shares are not allocated. Thus, any co-owner can attend the meeting, and the percentage of votes will be determined for the apartment, and not for individual co-owners, no matter how many housing was recorded.

Making decisions

The first part of article 46 of the Housing Code of the Russian Federation provides for certain requirements, according to which all decisions are made by the partnerships by voting. The decision is made for which the majority of percent of votes voted, and not the number of members of the HOA.

In addition, one should take into account the second part of Article 44 of this Code, which says that in order to make a decision, not just a majority of votes is needed, but at least two-thirds of those from the total number of possible ones, and not those present. These may include decisions regarding:

As an example, for making decisions on advertising placement, the form of meetings is standard, the previously defined protocol is followed. In order for the decision to be approved, it is required that 66% or more of all owners of premises in the house vote “Yes”, and not 66% of those present at the meeting.