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 at 5 p.m. 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 the legal entity. Registration of participants in the Meeting begins at 17:00. 00 minutes, 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
07/15/2017
Who can send notices to homeowners
For mandatory annual meetings of residents, you can determine a specific period (once a year, once every six months, once a quarter), which must be indicated in the minutes of the meeting of homeowners.
The organizer of an unscheduled meeting may be:
- management company if it is necessary to resolve issues related to the implementation of its activities;
- management of homeowners in the partnership;
- house advice;
- any homeowner in an apartment building.
If the group of initiators of the meeting has 10% of the votes of the number of residents of an apartment building, then by decision of the group the responsibility for holding meetings can be transferred to the management company (Article 45 of the Housing Code of the Russian Federation).
If the initiative group does not have 10%, then it will be enough to involve neighbors in the initiative group to obtain the necessary percentage for making a decision.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
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, HOA, housing cooperative, housing construction or other specialized consumer cooperative upon a written request from owners holding at least 10% of the total number of 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.
ANNOUNCEMENT
on holding a general meeting of owners
premises of 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 the 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 ____________________
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
- agenda
- procedure for familiarizing yourself with materials on issues included in the agenda
If the general meeting of homeowners is held in the form of absentee voting, then the notification must indicate the end date for making decisions and where to send them.
Deadlines for notification of an OSS
The notice period for general meetings of owners is the same for all forms of OSS - whether it is in person, in absentia or in absentia. According to paragraph 3 of Art. 45 of the Housing Code of the Russian Federation, it is at least 10 calendar days before the date of the meeting. The notice period cannot be extended.
But you can notify about the OCC in different ways. The classic method is prescribed in paragraph 4 of Art. 45 of the Housing Code of the Russian Federation: the initiator of the meeting sends a message to the owner of each premises (both residential and non-residential) by registered mail, delivers it personally against signature, or places it on the premises of the apartment building so that it is accessible to each owner of the house. The same paragraph of this article clarifies that the general meeting of owners may choose a different method of notification.
The owners put their signature in the “Register of delivery of notices about holding a general meeting to the owners of premises in an apartment building.” It is necessary to create two separate registers: for legal entities and for individuals.
Other methods of notification are acceptable if they are established in the management agreement, in the charter of the HOA, or in one of the previous decisions of the OSS. The message about the OSS can be in the form of:
- a simple, not registered letter, which is dropped into the mailbox;
- email;
- placement on an information stand or on the Internet;
- notifications in the GIS housing and communal services or in another information system - just make sure that all owners have access to it and agree to it. The norm is valid from January 1, 2021.
Let’s summarize, the main thing is to agree on the issue of communication about the holding of an OSS in the management agreement, the charter of the HOA or at the general meeting. If this is not done, then another method of notification (except for a registered letter and a notification against signature) may be recognized by the court as illegitimate, and all decisions at the meeting of owners will also be invalidated.
What should be on the agenda of the general meeting of owners?
170795
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 acknowledgment of delivery)
- 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 a claim to challenge a decision made by such a building management body.
What information must be included in the notification?
All apartment owners must receive notice of the meeting. Especially if it's the first.
It must contain the following information:
- Address, place and date of the event;
- Time;
- Form of conduct;
- Who is the initiator;
- Issues to be considered;
- Contact Information.
The important point is that the notice must be served at least 10 days before the expected collection of apartment owners.
Samples of notices to residents about upcoming meetings
Below is an example of a notice:
To whom_________________
Where_________________
Notification of a general meeting of owners of residential premises in an apartment building.
Dear_________________________________________________________________
We would like to inform you that on February 19, 2016 at 6:30 p.m. there will be a meeting of owners of residential premises of the house located at _________________________________
To participate in the meeting, we ask you to arrive at __________________________________________________________ no later than 18:00. to register. Having a passport and a document confirming the right to property is required.
The meeting is held on the initiative of ________________________________________________________________________________________________________________________________________________
Agenda:
- Amounts of monthly contributions for major repairs;
- Timing of major repairs;
- Redevelopment of common areas;
- Selecting a notification method for the upcoming general convocation of apartment owners.
Attention: only homeowners and their legal representatives who have undergone pre-registration have the right to attend the general meeting and take part in solving the main issues outlined in the agenda.
Initiators:
___________________________________________-tel. _________________________
___________________________________________-tel. _________________________
02/07/2016
The above version is a sample; the text may be changed accordingly.
Sample announcement of a general meeting of owners of residential premises of a multi-storey building
This type of notification takes place only after it has been elected at a general meeting and the decision on this issue must be recorded.
Below is a sample ad example:
Dear owners of residential premises located at _________________________________________________________________________
We inform you of the upcoming general meeting, which will take place on 02/19/2016 at 19:00. 30 min. by the address___________________________________________________________________
The following issues will be addressed:_____________________________________________
When arriving, we ask you to have your passport and proof of ownership.
This is important to know: Certificate of acceptance of transfer of real estate: sample
If it is impossible for you to be present, please inform us by phone.____________________
Initiators (full name or management company).