Rules for holding a meeting
In accordance with Art. 45 of the Housing Code of the Russian Federation, a meeting may be held:
- at the request of the management company;
- at the request of one of the owners;
- annually.
If the meeting is being organized by the management company or owner, it is necessary to provide all participants with notice ten days before the appointed date, which will say when, where and what time the event will take place, as well as listing all the topics on the agenda. A draft protocol is also prepared in advance, which will later be adjusted and supplemented.
If the event is organized in absentia or in absentia, then a voting form is attached to the notification, indicating by what date and where it should be submitted.
The following should take part in the event:
- presiding officer;
- secretary;
- invited persons (representative of the management company, administration and others).
A quorum must be maintained (at least 50% of all votes of the owners must be present).
IMPORTANT!
Calculating quorum is a responsible and difficult task. The owner has a number of votes proportional to the share of the area he occupies in the total area of the house (Article 48 of the Housing Code of the Russian Federation).
Calculation example:
The total area of the apartment building is 5000 m² and is equal to 100% of the votes.
Let's calculate the share of votes of the owner of an apartment with an area of 55 m²:
55 m² × 100 / 5000 m² = 1.1% of votes.
For quorum, owners of more than 2,500 square meters must attend the event. meters of floor area of the house.
Meeting minutes: real examples
Meetings can be held on various issues, and they mainly depend on the characteristics of the housing and the way the apartment building is managed. For example, in a new building, most often the first meetings are devoted to the following points:
- Election of the person in charge of the house, the entrance, the Chairman of the HOA.
- Resolving the issue of landscaping, landscaping, construction and/or reconstruction of a playground.
- Selection of a Management Company or presentation by a representative of an already selected company.
- Resolving issues regarding the use of common areas - landings on staircases, basements, attics, roofs.
- Possible appointments of representatives who will enter into contracts with citizens or firms interested in placing advertising on or near the exterior of a new home.
- Questions about home maintenance with the involvement of relevant workers, etc.
Residents of older buildings are most often concerned about issues related to the quality of service of an apartment building, the meeting of owners of which makes the appropriate decision:
- Questions about major renovations.
- Decisions on the possible change of the Management Company due to the unsatisfactory quality of repair and maintenance work.
- Tariffs for paying for house maintenance and many other issues.
Agenda excerpts from actual minutes of resident meetings are provided below.
Powers of the meeting of homeowners
Based on Art. 44 of the Housing Code of the Russian Federation, owners of square meters in an apartment building can resolve the following issues:
- reconstruction of an apartment building;
- use of the site on which the high-rise building is located;
- use of common property;
- way to manage the house;
- method of forming a capital repair fund;
- obtaining a loan for major repairs;
- exit from the renovation program;
- current repairs of the building;
- other issues referred by law to the powers of the owners.
All topics brought up for discussion must be reflected in the minutes: the form of the minutes of the general meeting of owners of an apartment building is approved by the meeting, which means this is another type of authority.
Sample minutes of a general meeting of residents of an apartment building
A sample protocol can be downloaded here.
MINUTES OF THE GENERAL MEETING OF THE OWNERS OF PREMISES IN AN APARTMENT BUILDING, located at the address:
Irkutsk region, Irkutsk, st. Karla Marksa, 4, September 21, 2021
Protocol No. 1
Initiator of the general meeting of premises owners: apt. No. 3 Vasiliev A.A., apt. No. 3 Skolkov S.S. The form of holding the general meeting is in person/in absentia. Time: September 08, 2021 (for the absentee period for submitting voting sheets) Venue: sq. No. 2. The total number of votes of the owners of premises in an apartment building is 100%. The total area of the apartment building (owned by the owners) is 20,000 sq. m. m. The area of the apartment building owned by citizens is 19,300 sq. m. m. The area of the apartment building owned by legal entities is 500 sq. m. m.
The area of an apartment building in state (municipal) ownership is 0.
Participated in the voting: Owners (representatives of owners) of residential premises – 59%. Owners (representatives of owners) of non-residential premises – 3%.
In total, owners (representatives of owners) were present, holding 62% of the votes of the total number of votes. Quorum – available.
The general meeting of premises owners is valid.
Agenda: Issue No. 1. Approval of the Rules for holding general meetings of the house located at the address: Irkutsk region, Irkutsk, st. Karl Marx, 4.
59% voted for, 2% against, 1% abstained. The decision on the first item on the agenda has been made.
Attachments: Register of owners of premises in an apartment building (representatives of owners) on 10 sheets.
How is the general meeting of owners held?
How to hold a meeting in the HOA, read here.
How to draw up minutes of the general meeting of owners of an apartment building, read the link:
Notice of holding a general meeting of premises owners on 1 sheet. Register of delivery of notices to owners of premises about holding a general meeting of owners of premises in an apartment building on 10 sheets.
Registration sheet for owners of premises present at the meeting. Powers of attorney for representatives of premises owners in the amount of 5 pieces.
Chairman of the general meeting _________________________________/ Verkhozin I.K./ (signature)
Secretary of the general meeting ___________________________/ Klimov S.G./ (signature)
Members of the counting commission: ____________________________/ Klubov N.I./ (signature)
Voting procedure
During in-person voting, participants must be present in person. Only owners who present a passport and a document confirming ownership (this can be an extract from the Unified State Register, a certificate of ownership, a certificate of inheritance, and others) are allowed to vote. Meeting participants must hand over copies of these documents to the organizers upon entering the general meeting hall.
To be sure that a quorum has actually taken place, registration sheets are used. These sheets must be prepared in advance.
Voting can be organized by distributing forms for participants to fill out (voting sheets). This is convenient if several issues are being discussed. If there are 1-2 questions, you can vote by asking to raise your hands “for” or “against” the proposal under discussion. Decisions are made by majority vote.
To decide how the fund will be formed for major repairs, reconstruction of the building and more, a two-thirds vote is required.
An event is considered valid if more than 50% of the total number of votes (ownership shares) were present.
Preparation of the protocol
In accordance with Article 46 of the Housing Code, it is recommended to approve the procedure for drawing up the protocol at the beginning of the event.
The secretary and the presiding officer are responsible for maintaining and filling out the document.
The minutes are kept in writing; the final version must be ready no later than ten days after the event.
New requirements for document execution were approved by Order of the Ministry of Construction of the Russian Federation dated January 28, 2019 No. 44/pr.
Sample minutes of the general meeting of homeowners
Why draw up a protocol?
The minutes of the general meeting of owners is an official document that confirms the voting results and proves the competence of subsequent actions. It is drawn up in writing, and a copy is submitted within 10 days to the management company (HOA, housing cooperative, management company), which is obliged to send it to the Housing Inspectorate - 5 days are allotted for this. A copy of the protocol is kept in the inspection archive for 3 years.
If any of those who disagree go to court to appeal the neighbors’ decision, the judge will request a protocol for consideration. The document must be drawn up without errors, otherwise it will be declared invalid, and decisions on it will be declared unlawful.
Details required for the protocol
The final document should contain:
- Title of the document;
- serial number and date;
- the address where the meeting was held;
- a heading that should indicate the address of the building, type of meeting (extraordinary, annual), voting form (in-person, in-person, absentee, absentee);
- introductory part (contains the OGRN and the full name of the legal entity, individuals indicate their full name, room number and details of the document confirming ownership of it);
- FULL NAME. the presiding officer, the secretary and the persons who counted the votes;
- a list of those who participated and was invited is attached (registration sheet);
- the number of votes of all premises owners;
- the number of votes of owners who took part in the voting;
- how many square meters of residential and non-residential premises are there;
- agenda;
- voting result.
At the end, the signatures of the chairman of the MKD and the secretary are placed.
If an HOA is created and its charter is approved, the document is endorsed by all owners.
Minutes of the general meeting of residents of an apartment building: form
The protocol form can be downloaded here.
Protocol No. 1
general meeting of house owners at ________________________________
from "___"________ 200__g.
Present: ____ person (owner) according to Appendix 1 to the protocol.
Invited persons:
Representative of a local government body (or district administration) (by power of attorney No. _____ dated __________________ issued by _____________________________________).
Agenda:
- On the choice by owners of the form of management of an apartment building.
- On the creation of a homeowners' association.
- Approval of the HOA Charter.
- Elections of the HOA Board and the Audit Commission.
- Miscellaneous (information and suggestions on the operating procedures of HOA management bodies).
Listened:
- The initiator of the meeting, Mr. _______________________ addressed those present with an opening speech, proposing to elect gr. _________________________________, secretary of the meeting gr. _______________________, members of the counting commission gr. ____________________, gr. ______________________, gr. ______________________.
Decided:
1. Elect gr. _____________________.
2. Elect gr. ____________________.
3. Elect gr. ____________________, gr. __________________, gr. _____________________.
Voted:
“for” - unanimously (number of votes and total area) (see Appendix)
"against" - no
“abstained” - no.
4. A representative of the local government body (district administration) spoke with information about the choice by the owners of the form of management of an apartment building: ______________________________.
In accordance with Art. 161 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to choose one of the methods of managing an apartment building:
1) direct management of the owners of premises in an apartment building;
2) management of a homeowners’ association or a housing cooperative or other specialized consumer cooperative;
3) management of the management organization.
The method of managing an apartment building is chosen at a general meeting of owners of premises in the apartment building and can be changed at any time based on its decision. The decision of the general meeting on the choice of management method is mandatory for all owners of premises in an apartment building. An apartment building can be managed by only one management organization.
The initiator of the meeting was Mr. __________________: I propose to create a homeowners' association as a form of management of an apartment building.
Decided:
1.Choose the creation of a homeowners’ association as a form of management of an apartment building.
Voted:
“for” - ______________ (number of votes and total area) (see Appendix)
“against” - ___________ (number of votes and total area) (see Appendix)
“abstained” - _____(number of votes and total area) (see Appendix).
2. Information about the draft HOA Charter was presented by Mr. ___________________.
There is a draft HOA Charter. The project fully complies with the current legislation of the Russian Federation.
Main sections: _____________________________________.
What proposals do you have for editing the HOA Charter? __________________________________________________________
Decided:
- Accept the HOA Charter as a whole (including amendments, if any).
- Make copies of the Charter for subsequent placement in an accessible place and for familiarization with persons living in the house.
Voted:
“for” - ______________ (number of votes and total area) (see Appendix)
“against” - ___________ (number of votes and total area) (see Appendix)
“abstained” - _____(number of votes and total area) (see Appendix).
3. Information on the procedure for electing the management bodies of the HOA was presented by Mr. ______________________.
In accordance with Art. 147 of the Housing Code of the Russian Federation, the management of the activities of the homeowners’ association is carried out by the board of the association. The HOA board has the right to make decisions on all issues of the partnership’s activities, with the exception of issues falling within the exclusive competence of the general meeting of owners of premises in an apartment building and the competence of the general meeting of members of the homeowners association. The board of a homeowners' association is elected from among the members of the association by the general meeting of members of the association for the period established by the charter of the association, but not more than for two years.
The board of the homeowners association elects the chairman of the association from among its members.
The board of a homeowners association is the executive body of the association, reporting to the general meeting of members of the association.
I propose to elect one representative from the entrance as members of the board:
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
Decided:
- Elect the HOA Board consisting of __ people.
- Elect members of the HOA Board:
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
Protocol storage
The organizer of the event sends the original signed protocol to the state housing supervision body within 5 working days (Appendix No. 2 to the Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated January 28, 2019 No. 44/pr).
The protocol refers to documents of permanent storage. The address and place of storage are established by the general meeting. Most often, copies are kept by the chairman of the board.
Legal documents
- Article 48 of the RF Housing Code. Voting at a general meeting of premises owners in an apartment building
- Article 44 of the RF Housing Code. General meeting of owners of premises in an apartment building
- Article 46 of the RF Housing Code. Decisions of the general meeting of owners of premises in an apartment building
- Order of the Ministry of Construction of Russia dated January 28, 2019 N 44/pr
- Order of the Ministry of Construction of Russia dated January 28, 2019 N 44/pr
What is the protocol for?
The protocol is drawn up to achieve the following goals:
- it is documentary evidence that a decision was made at a meeting of owners of residential premises, therefore, if the owner refuses to implement the decision, then the bailiffs will recover from him in court;
- if the council of residents of an apartment building commits illegal actions, when going to court, the protocol will be indisputable evidence;
- is a reminder of when, by whom and what decision was made. In the event of any violation of order during the meeting, it determines who to punish.
