Rules for filling out the minutes of the general meeting of owners. Minutes of the general meeting of the management company - what should it be
The minutes of the meeting of tenants is a document resulting from the meeting of the owners apartment building, where the most important questions about the life of the whole house and each apartment in it were resolved.
Since the meeting of the residents of the house, according to the law, has legal force, it is necessary to certify all the issues discussed at this event with documents. At the same time, there are cases when the protocol is signed by each tenant, which will be discussed later in this article.
However, voting takes place not only by signing on the document of each tenant, most often the voting process takes place by a raised hand, and the counting commission or secretary makes a count, however, about everything in order.
There is no unified form of the minutes of the meeting of residents of the house. At the first meeting, the tenants must decide on the chairman, secretary and the form of the protocol to be filled out.
Despite this, the protocol must include the following points without fail:
- date of the event;
- Venue;
- house address;
- At the end of the document, the signatures of the secretary and the chairman are put.
How to compose and what data must be specified
Previously, the document specifies the number of people who came to the meeting and the names of the invited guests, if any. These may be district representatives from the city administration, and a representative management company, etc.
Guests are chosen at the discretion of the residents of the house, then an invitation is sent to them, or they come of their own free will, however, they can only be present with the consent of the owners.
First of all, the minutes of the tenants must contain a subject, if expressed in this subject by professional vocabulary, then this is called the agenda. Moreover, there can be several topics for approval at once. That is, for example:
- Election of the chairman of the board;
- Approval of the charter, etc.;
- Magnifications wages concierges;
- Other.
The theme of each agenda is then elaborated in the respective paragraphs. Moreover, as a rule, on each topic, some person responsible for this speaks. Always, in the protocol, when revealing the topic of the agenda, there are references to the legislative framework of the Russian Federation, acts, statements, and so on.
After revealing the topic of the day, the decisions of the meeting are clearly written point by point. At the same time, the number of votes that voted "FOR", "Against" or those that "Abstained" is indicated.
The protocol must also contain:
- full address of the house, this item is written at the beginning of the document;
- the location of the event;
- the date of the.
Chairman and Secretary: how to choose
Not a single meeting of tenants of an apartment building can do without a secretary and chairman. These event leaders are selected by the meeting attendees. There can be several nominated cardites for each post, they can be self-nominated or those whom the meeting participants want to see as a person holding a position.
After the candidates for each post are selected, if there are several of them, then a vote must be held. Voting takes place by the majority method with a show of hands after the question, for example:
"Who is for, then to ( full name, surname, patronymic of the candidate) was (a) the chairman/secretary of the meeting?”
It should be recalled that the chairman of the meeting is the responsible person at the given event, who decides on the order of speeches. Secret, records all the highlights of the meeting and the decisions made at it. Both persons after the end of the event put their signatures on the protocol.
Do I need a counting commission?
The Housing Code of the Russian Federation in the latest edition does not include information on the counting commission. However, many residents of the house at the meeting still form this body, despite the fact that it is not mandatory.
Thus, we get that the absence of the counting commission is not a violation, and, therefore, does not affect the meeting and the voting results in any way.
At the same time, if for some reason the case goes to court, the judge or jury will independently evaluate the voting process, regardless of the decision of the counting commission. That is, in fact, the decision of this body is not even taken into account.
On the other hand, if the election of the counting commission is the desire of the owners of an apartment building, then the situation will be different. All decisions made at a meeting without a counting commission will be recognized as invalid, and voting is illegal. Also on here:
- a decision is made on the appointment of a counting commission;
- proposals are put forward on the rules of work;
- powers of members of the commission;
- terms of validity and other nuances of work.
Decisions on this issue are written in the protocol. All other meetings that will take place dated later than the previous protocol with the decision to appoint a counting commission, held without it, will be illegal.
How many signatures should be
As a rule, participants do not put their signatures in the minutes of the meeting of residents of an apartment building. To record the attendance at the event, another document is used - the registration sheet. It is there, in front of his last name, that the participant puts his signature.
After counting the signature and determining the number of owners who appeared, the quorum is calculated. A quorum is the number of people required for a meeting to be held for everyone. As a rule, the number of attendees should be slightly more than half of all owners of an apartment building. Otherwise, all decisions made here will be considered invalid.
The number of votes for each of the questions is considered by the method of direct counting, that is, the number of raised hands equals the number of votes. The calculations are carried out by the counting commission or the secretary of the meeting. If the tenants of the house do not trust either one or the other, or want to vote anonymously, they are given ballots.
The latter method is convenient, in addition to the transparency of voting, also because it makes it possible to recalculate the results of voting several times, if necessary.
Thus, we get that the signature of all tenants and owners of an apartment building is required only in cases prescribed by law. There are only a few such situations:
- The decision to create a HOA.
- Approval of the charter of the HOA.
Do I need information about speeches and speakers
The inclusion of information about speeches and speakers in the minutes of the meeting is a moot point. On the one hand, it is worth including this data for one simple reason, then the protocol will have complete information about the course of speeches and voting.
At the same time, if you suddenly do not include information about those votes that were against a particular decision, then this may
give rise to litigation, which may later become litigation. And the reason for not including such information in the minutes may be a reason to reject the decisions taken during the meeting.
On the other hand, the law does not say anything about this. And if, in addition to the absence of an indication of one or another refusal to make a decision, no violations were found during the meeting, then it is unlikely that a lawsuit will be initiated.
Formulation of the meeting agenda
The meeting agenda must meet the following conditions:
- reflect subject, the object and essence of the issues under discussion;
- There must be clear wording understandable for perception;
- When writing the wording only Russian is used.
In the notice of the upcoming meeting, the wording of the agenda of the meeting should not consist of adverbs, that is, “Other”, “So on” is not a wording. Here it is impossible to understand what will be discussed at the meeting. Even better, the agenda of the meeting consists of several items.
Then, it will not contradict the legislation of the Russian Federation, and it is likely that there will be more visitors to the meeting. By the way, according to the housing code, the notice of the meeting must come to the owner of housing in an apartment building no later than 10 days before the meeting.
Conditions and terms of storage of the protocol
According to the housing code Russian Federation, storage of the protocol is mandatory during the entire activity of the HOA, the management company or other associations of homeowners. That is, constantly.
All documents that are related to the document are also stored permanently. This is about technical documentation newsletters and other documents. This provision is spelled out in the Decree of the Government of the Russian Federation number 491.
The thing is that it is in this documentation that evidence is stored about the event held by the residents of the house in accordance with all the rules and in accordance with legislative framework RF.
In case of loss, the minutes of the general meeting, all owners should be notified. This does not mean that you need to hold the event again, just that they should be in the know, perhaps common solution those questions that were spelled out in the lost protocol will be raised.
The new Housing Code, which entered into force, marked the beginning of a completely new approach to solving issues in the housing sector. This was the subject of a previous article.
Particular attention was paid to the fact that citizens are aware of the need for their own initiative to arrange life in their home, so that it is as comfortable as possible, and they will begin to take part in the management of the common property of the house. In other words, the government hopes, first of all, for the activity of the residents themselves in the implementation of the rights and obligations granted to them by law.
The topic of this article is to help owners prepare and conduct general meetings without errors. And first of all, to recommend certain practical steps in choosing one of the ways to manage the property at home.
What's with the meeting?! (Definition of assembly).
The general meeting of owners of premises in an apartment building is the governing body of an apartment building (Article 44 of the Housing Code of the Russian Federation).
So what is a general meeting? Who are the property owners? How is it carried out? Who should be doing this?
Of course, the skeptic will say that the meeting is a complete punishment, torture, hard labor and the like. Well, what else can you call an indefinite stay in a stuffy room or on a cold courtyard, in the company of people bound by one goal, but at the same time defending their own ideas, using all sorts of ways and methods of persuasion.
But in this matter, pessimism and passivity are not our allies.
The general meeting is an organized, pre-planned event, the purpose of which is to resolve certain issues.
No one except the owners can decide the management of their property. Therefore, only the general meeting, as the only governing body of the house, can and is obliged to decide on the management, use and disposal of the common property of the house.
Owners are residents of apartments that have been privatized or bought or inherited, etc. your apartment. The shareholders are also members of the general meeting. non-residential premises. For example, if there is a store in your house, then the owner of this store, on an equal footing with other residents of the house, should participate in the life of the house. The municipality can also be the owner of residential and non-residential premises. If you have a social tenancy agreement or a lease agreement for premises, then the owner of this premises is the city administration.
One property can have multiple owners. It depends on the type of ownership: common joint ownership or common shared ownership. With common joint ownership, one person (husband or wife) acts on behalf of the owner, who acts in the common interest and jointly resolves all issues. With common shared ownership, each owner, according to certain shares (the shares are indicated in the document for ownership), acts on his own behalf and resolves issues himself. An exception is a minor or incompetent owner. On his behalf, a legal representative (parent, guardian, custodian) acts, who has presented documents confirming his authority (birth certificate of the child or the Resolution of the Head of the Administration on the appointment of a guardian or custodian).
The question of how to manage the house is decided at the general meeting of owners by a majority vote. It is the choice of management method that should be devoted to the first meeting.
It should be remembered that this choice is not a right, but an obligation of the owners. There are three options to choose from:
All "house" problems can be solved by the management company (UK),
Homeowners Association (HOA)
And directly to all owners.
Why are we going? (Goals of the meeting).
The competence of the general meeting includes (Article 44 of the LC RF):
Making decisions on the reconstruction of an apartment building (including its expansion or superstructure), construction outbuildings and other buildings, structures, structures, repair of common property in an apartment building;
Making decisions about the limits of use land plot on which the apartment building is located, including the introduction of restrictions on its use;
Making decisions on the transfer to use of common property in an apartment building;
Choosing a way to manage an apartment building (direct management of the owners of premises in an apartment building; managing a homeowners association or a housing cooperative or other specialized consumer cooperative; managing the forces of a managing organization (Article 161 of the LC RF);
Establishment and liquidation of a homeowners association;
Approval of the amount of payment for the maintenance and repair of residential premises in an apartment building;
Other issues referred by the Housing Code of the Russian Federation to the competence of the general meeting of owners of premises in an apartment building (Articles 44, 135, 141, 156 of the Housing Code of the Russian Federation).
That is, the owners, uniting, resolve issues of joint management of the common property of the house (including a land plot, a residential building and other real estate objects).
The decision of the general meeting of owners of premises in an apartment building, adopted in accordance with the procedure established by the Housing Code of the Russian Federation, is binding on all owners of premises (Article 46 of the Housing Code of the Russian Federation).
So, depending on the pressing problems, the main goals of the meeting and ways to solve them are determined. At the first meeting, the main issue is the choice of how to manage the apartment building.
The goals or main issues of the general meeting are formalized by the agenda of the meeting.
Sample agenda for a general meeting of homeowners
Appendix to the minutes of the general meeting homeowners No. dated "___" _______ 2005 AGENDA General Assembly located at: at ____ hour _____ min. "____" _____________ 2005 1. Election of the chairman of the general meeting (during the first general meeting, its chairman is the owner, on whose initiative the general meeting is held). There is no need to elect a chairman when conducting absentee voting. 2. Election of the secretary of the general meeting and the counting group (the size of the counting group directly depends on the number of owners who came to the general meeting). 3. Choosing a way to manage an apartment building located at: __________________________________________________________________________. 4. Choice of the Management Company (for the method of management - the management organization). 5. Creation of a partnership of homeowners or a housing cooperative or other specialized consumer cooperative (for the method of management - HOA, ZhSK, ZhK). 6. Deciding on the conclusion of an agreement or agreements for the provision of services and the performance of work on the maintenance, repair of the common property of a residential building, the provision of public services (for all methods of management). 7. Coordination of the terms of the contract for the management of an apartment building (for the method of management - the Managing Organization). 8. Approval of the Charter of a homeowners' association or a housing cooperative or other specialized consumer cooperative (for the method HOA management, ZhSK, ZhK). 9. Election of management and control bodies of a homeowners' association or a housing cooperative or other specialized consumer cooperative (for the method of managing an HOA, housing cooperative, LCD). 10. Establishment of the amount of payment for the maintenance and repair of housing, which ensures the maintenance of common property in an apartment building in accordance with the requirements of the current legislation (for any method of management). 11. Determination of the procedure for making payments for the maintenance and repair of housing (for any method of management). 12. Making a decision on payment of expenses for the overhaul of an apartment building, taking into account the proposals of the managing organization on the timing of the start of the overhaul, the required scope of work, the cost of materials, the financing procedure and other proposals related to the overhaul (for any method of management). 13. Giving one of the owners the authority to represent the interests of the owners of an apartment building in relations with third parties (for a direct method of management). 14. Determination of the place (address) of storage of minutes of general meetings and decisions of owners on issues put to the vote (for any method of management). 15. Determination of the term and form of holding the next general meeting of owners in an apartment building (for any method of management). 16. Making a decision on the reconstruction of an apartment building (including with its expansion or superstructure), the construction of outbuildings and other buildings, structures, structures, the repair of common property in an apartment building (for any method of management). 17. Deciding on the limits of the use of the land plot on which the apartment building is located, including the introduction of restrictions on its use (for any method of management). 18. Making a decision on the transfer to use of common property in an apartment building (for any method of management). 19. Determining the owner who should have technical papers to a residential building (for a direct control method). 20. Determination of a place for posting information about decisions taken at a general meeting (for any method of management). 21. Determination of the method of notification of subsequent general meetings (for any method of management). Owner (initiator of the meeting): ____________________ |
How are we going? (Meeting Forms).
A general meeting of owners of premises in an apartment building can be held:
1) in full-time, that is, with the joint presence of the owners of the premises in a specific place and at a specific time to discuss issues put to a vote;
The face-to-face form of holding a meeting is acceptable if the house is small (single-entrance or has no more than five floors). For the meeting, it is better to choose a day convenient for everyone, for example, Saturday. The place of the meeting depends on the extent to which the common area can accommodate all participants in the meeting. If there was no such place in the house, but you don’t want to freeze in the courtyard of the house, you can talk with the leadership of the local housing department and gather in the “red corner” of this housing department.
In any case, all issues regarding the place and time of the meeting should be worked out in advance. In addition, you can preliminarily find out the opinion of the tenants on the issues of the upcoming meeting. All this will make the meeting more fruitful and not stretched out in time.
It is not easy to hold a general meeting of tenants in a building with hundreds of apartments. Therefore, here you can use the absentee form of voting. First of all, it is necessary to decide where, when and how voting on the issues of the meeting will be carried out. Most likely, the initiator of the meeting will determine his apartment as the place for collecting ballots. Within the specified period, each owner of the premises will bring the completed ballot to the specified address. Either he will bypass the residents of the house, or he will install a box for collecting ballots near each entrance. It all depends on the desire and ability of the initiator of the meeting. Also, preliminary work is necessary to notify the owners of the upcoming absentee voting, clarify the issues of the meeting and draw up the necessary paperwork.
Appendix to the minutes of the general meeting homeowners No. dated ____________ 2005
Bulletin apartment building owners Full name No. and date of registration Received in person _______ _____________ "___" ______________ G. signature name date
BREAK LINE
Bulletin apartment building owners located at the address: st. _________ No. d. ____ No. apt. _____ (without the agenda of the general meeting is invalid) Owner: ___________________________________________________________________________ Full name Information about the document confirming the right of ownership _________________________________________________________________________________ No. and date of registration
Submit the ballot by _____________ to the address ____________________________________ Write your decision with the words "for", "against" or "abstained" against each item on the agenda of the general meeting (For example) 1. Election of the secretary of the general meeting and counting group Sidorov - Vasiliev - 2. Choosing a way to manage an apartment building Management Company - Direct control - Owner _______ _____________ "___" ______________ signature name date
|
Who initiates the general meeting? (Initiator of the meeting).
A general meeting of owners of premises may be convened at the initiative of individuals or legal entities who are the owners of the premises in this apartment building.
The initiators of the general meeting of owners may be:
a) primary - the owner or several owners of premises in this house (part 1 of article 45 of the LC RF);
b) the next meeting - persons from among the owners responsible for holding the meeting (elected at the first meeting of owners - (part 1 of article 45 of the LC RF), the board of the HOA (if it is created);
c) extraordinary - at the initiative of any of the owners of this apartment building (part 2 of article 45 of the LC RF), the board of the HOA (if it has been created), members of the HOA.
How to hold a meeting? (Preparation of the meeting).
For the successful holding of the general meeting, it is desirable that the house has an initiative group of owners of the premises. Earlier it was said that the initiative group develops the documentation necessary for holding the general meeting, forms the agenda, selects the premises in which the general meeting is supposed to be held, the placement of information and documentation, and also determines the date and place of the general meeting. In this work, the necessary assistance can be provided by the city administration.
The initiative group is also working on other issues related to the holding of the general meeting:
Identification of all owners in this apartment building,
Preliminary survey of the opinions of residents on the method of managing the house,
As well as collecting information about organizations specializing in the management of apartment buildings,
Determination of the share of each owner in the common property of an apartment building,
Determination of candidates for the chairman of the general meeting, secretary, counting commission and others.
The general meeting of homeowners is chaired by the chairman of the meeting. For the first meeting, and also, if the agenda includes the question of choosing a way to manage the house, another rule is established - the meeting is led by its initiator.
See a sample register of home owners
Who and how should inform residents about the meeting? (Notice to tenants).
Article 45 of the LC RF regulates the procedure for holding a meeting. Its initiators are obliged to send a notification to each owner, which indicates not only the issues under discussion, but also the surname, name, patronymic of the person who convenes the meeting. The General Meeting is not entitled to make decisions on issues not included in the agenda, nor is it entitled to change the agenda. Otherwise, the decision of the general meeting may be challenged in judicial order(part 2, 6 article 46, part 2 article 146 of the LC RF).
According to part 4 of Art. 45 of the Housing Code of the Russian Federation, the initiators of convening a general meeting are obliged to inform the owners of the premises in this house about the holding of such a meeting no later than 10 days before the date of its holding.
In the absence of you or your representative at the general meeting, decisions on agenda items will be made without your participation. Appealing the decisions of the general meeting on the adopted issues, if they violate your legitimate interests and cause you significant damage, is possible in court within 6 months from the date of the decision.
When holding a general meeting in the form correspondence voting, those who took part in it are considered to be the owners of the premises, whose written decisions are reflected in the ballot of absentee voting and received before ____ hours ____ minutes "___" _________ 200_ (the deadline for accepting decisions).
Solutions should be sent to: _______________________________________________.
BREAK LINE
Owner: __________________________________________________
Resident: ________________________________________________
I do not object to holding the meeting "___" ________________ 2005
The notice and the agenda of the meeting were received in person on ___ ______________ 2005.
__________________ (___________________) date of
signature full name
When is the meeting considered completed? (Eligibility of the assembly).
The general meeting is eligible if it was attended by the owners of the premises in this house or their representatives, who have more than 50 percent of the votes of the total number of owners (Article 45 of the LC RF).
The presence of the owners at the meeting is confirmed by a registration sheet of participants indicating the last name, first name, patronymic, address, details of the certificate of ownership of the premises, and the signature of the owner. If the meeting is attended by a representative of the owner, then a power of attorney must be attached.
Sample registration sheet of the general meeting of owners
The right to vote at the general meeting of owners of premises in an apartment building belongs to the owners of premises in this building. The number of votes that each owner has is proportional to his share in the right of common ownership of common property in this house (Article 48 of the LC RF).
The list of objects of common property and the procedure for determining shares in the right of common ownership are established by Art. Art. 36, 37 LCD RF.
Voting is carried out on each issue on the agenda after its discussion. To sum up the results of voting, a counting commission must be created, the composition of which is approved by the general meeting. Any decision of the general meeting is drawn up in a protocol in the manner established by the general meeting of owners of premises in this house (part 1 of article 46 of the LC RF)
The law does not establish any requirements for the form of the protocol. But according to the traditions of conducting general meetings, the minutes must be drawn up in writing, signed by the chairman and secretary, as well as members of the counting commission. The minutes must indicate the date, place of the general meeting of owners and the agenda.
Sample minutes of the general meeting of owners
Protocol No. General meeting of owners of premises of a residential building, located at: _________________________ Seversk "____" ___________ 2005 Tomsk region General meeting of owners of the premises of an apartment building at: _______________________ took place "____" ___________ 2005 at ___ hour. ___ min. indoors (venue) or (in in absentia) The owners of the premises (their representatives) were present, confirming their authority to participate in the meeting with the right to vote, in the number of people with votes in the amount (% of the total number of votes) acting on the basis of the documents specified in the annex to this protocol. The meeting was chaired by: _______________________________________________________________ The meeting agenda is attached. On the first question listened to: _________________________________________________________________ Counting Commission _________________ (signature) The protocol is kept by ____________________________________________________________ Meeting Secretary __________________ (signature) |
How to make decisions? (Formation of the decision).
The decision of the meeting must also be drawn up in writing, signed by the chairman and secretary, as well as members of the counting commission. The decision is an integral part of the minutes of the meeting.
The law establishes that the decisions of the general meeting of owners must be brought to the attention of all owners of the premises, including those who did not take part in the meeting, within ten days from the date these decisions were made (part 3 of article 46 of the LC RF).
The owner who does not participate in the decision-making at the general meeting is obliged to obey them.
Sample decision of the general meeting of home owners
So, the organizer of the first general meeting of owners in the house can be any owner or their group.
the size of the area belonging to him in this house. Simply put, we can assume that the owner has as many votes as he owns square meters.
The meeting is competent (may make the majority of decisions) if the owners of more than half of the residential areas in the House.
To resolve some issues, it is necessary that at least two-thirds of the votes be "for". This is just the choice of the method of managing the house, the reconstruction of the house, the construction of outbuildings, the repair of common property, the transfer of common property for use. To create an HOA, half of the votes of the total number plus one vote is enough. All other issues are decided by the majority of those present at the meeting.
The decisions of the meeting are binding on all owners, even if they did not take part in the meeting.
The submitted forms of documents for holding a general meeting of owners of the premises of an apartment building must be adjusted taking into account the characteristics of each apartment building, the form of holding a general meeting.
A sample agenda for the first meeting suggests all the possible issues that need to be resolved at the meeting. At the same time, depending on the chosen management method, voting can take place only on necessary issues (taking into account the chosen management method.
© We draw special attention of colleagues to the need to link to " " when quoting (an active hyperlink is required for on-line projects)
Before the meeting, a protocol is drawn up, if at least one item is drawn up incorrectly, then this already becomes a serious reason for its cancellation. This document is compiled by a legal entity, only in this case the general decision will be valid. Unfortunately, official version on how to draw up a protocol does not exist, you can find only some summaries of the rules for its execution.
A prerequisite is the availability of the following data:
- The name of the company that needs to hold the meeting and its address;
- Her registration number;
- The type of the upcoming meeting, for example, it can be extraordinary, regular or annual;
- It is necessary that it be indicated where and at what time it will take place;
- The initials of the chairman and the person who will conduct the meeting;
- Counting of votes for holding the meeting;
- List of discussed questions.
Each resident of an apartment building must familiarize himself with the terms of this protocol at least three days before the event.
The main cases of drawing up a protocol for an apartment building
- An important issue is the decision to renovate the house. It includes such areas as its expansion, restructuring or giving a new appearance. If necessary, residents may demand to make an outbuilding, warehouse or any other building structure. This issue is submitted to the collective meeting and if the majority of people and the legal entity agree with this decision, then the building will be reconstructed;
- Another important aspect is the decision on the use of that land plot. The on which the object is built. Currently, mainly, we are talking about the creation of playgrounds and parking lots. There may also be a ban on certain activities, such as the construction of garages near the house;
- There are cases of transfer of property for use, this applies to renting and gratuitous renting. This issue is also submitted to the general meeting, its decision is carried out collectively. It is worth recalling that such a condition should not interfere with the living of local residents. For example, if the apartments on the first floor will be given over for the construction of a store, warehouse or small organization, then all work in this institution must be carried out no earlier than 8 am and no later than 22 pm;
- At least once every few years, a meeting is held in the house about the choice of management. The team can independently choose the management company to which the apartment building will be attached, if it satisfies their conditions. If this has not happened within 6 months, then the house will be automatically linked to any of the HOAs. Also, the team can make a request to change the management company if it does not meet their requirements. This question also includes other, less important issues, such as the choice of a house manager, a cashier, and another responsible person. It can be any owner of the apartment;
- Several questions are included in cases of creation and liquidation of a partnership. These include the demolition of a house, the removal of certain objects, the exit from a comradely society. Such a decision is also taken collectively and confirmed by the legal entity;
- Monthly residents of an apartment building receive receipts for payment including the maintenance and repair of the premises. Unfortunately, you can wait for help from the state for several years. If residents want to update their entrance in the near future, they can raise funds collectively and write a statement that they no longer need overhaul, and it was carried out at its own expense;
- Many other issues are also being resolved, which the team considers necessary to resolve. Among the frequently encountered discussions, one can notice the cleaning of the entrance, the arrangement of the site, debts on utility bills and much more.
How is the meeting held
It can take two forms:
- If the owner of the property has the opportunity, then he can come to the collective meeting. Most often, it is carried out on the territory of the facility. In summer, people gather on the street, in winter, on the ground floor in the entrance or in the apartment of one of the community members. Representatives of the organization touch upon the essence of the problem and ways to solve it. Further, the issue is resolved by voting. After the meeting, the people who voted "for" or "against" are counted. These data are recorded in the protocol, and a decision is made based on their results;
- Due to the active lifestyle, not every person will find time to take part in the meeting. In this case, hold a face-to-face meeting. Each resident of an apartment building receives a notification that a meeting will be held at a certain period. A representative person will come to the tenant at a convenient time of the day and explain the situation. Further, the vote of each tenant is taken into account and recorded in the protocol.
Each tenant has the right to take part in the form of the meeting that is most convenient for him. Based on the results of two votes, a total count is compiled. After that, a decision is made.
Initiators of the general meeting
The initiator is the person who made the decision that a meeting should be held on a specific issue. It can be an individual, legal entity or one of the owners of an apartment building. This criterion may vary depending on the type of meeting:
- If an initial meeting is organized on a specific issue, then one or more owners of an apartment building can act as an initiator. They notify all their neighbors or write announcements, placing it in the most passable place. Be sure to write the place and date of the meeting;
- Extraordinary, as in the previous case, can be carried out at the initiative of one of the owners of an apartment building. Moreover, absolutely any person registered at this address can become an organizer;
- If it is required to hold a meeting regarding the choice of a management company, any of the owners of the apartment building can also act as an initiator. Sometimes, for this action takes responsibility territorial body executive power.
Each member of the partnership must decide for himself whether it is necessary for him to attend such events if he considers that a certain issue does not concern him. For example, a person does not need to vote to expand a parking space if they do not have a car. In this case, he may refuse to vote or support one of the parties on his own initiative.
What information is included in the log
Earlier, it was already discussed what data should be contained in the protocol. But, it is worth clarifying in more detail what information must be present without fail.
- It is necessary to indicate the number of owners who attended this event. This indicates the total number of people who attended the face-to-face and absentee discussions. This information can be obtained in advance by going around all the residents of the house and asking if they can take part in the meeting;
- The next thing that is recorded in the protocol is why it is necessary to gather people. In other words, this item is called the "agenda". This category is required to include one or more issues that need to be collectively resolved;
- It is imperative to clarify where and when the meeting took place, this is also important for the protocol.
The above three points are the main ones for formalizing an official document. Without them, it is invalid and may serve as the main reason for the cancellation of this event. Sometimes, this list may include several additional factors.
Do I need a counting commission?
If we revise the Housing Code currently in force on the territory of our country, we can see that there is no information about the need to attend the meeting of the counting commission. But, some people continue to organize it on their own, despite the fact that such a body is not a mandatory source.
What are votes for? They will be required if the delivered solution is not implemented.. In this case, residents can apply to the court, presenting information about the vote of all owners. It is this information that the counting commission can provide, if there is none, then this procedure can be performed by any other person related to the housing complex.
Thus, it is worth saying that the counting commission is not a prerequisite for holding a meeting and this function can be performed, if necessary, by absolutely any member of the partnership.
How many signatures should be in the protocol
If we consider this issue from the legal side, then there is no information on this matter in the Housing Code either. Accordingly, the painting of each person is not required at all. But, an event held with a registration account, thanks to which you need to find out how many people were present, has a slightly different character.
The initials of each owner of their own property are entered in an official document. The participant must sign in front of his name for having listened to the information provided to him.
It is mandatory to have a signature if the votes were counted or one of the owners of the housing complex has any dissatisfaction with its maintenance. He should state the information in writing, put the date and his signature, after which, attach the application to the general documents and ask for its consideration. Thus, it is worth noting that the presence of a painting is necessary only if there is a need to count the people who arrived at the meeting, in all other cases, its presence is not a prerequisite.
Agenda formulation
The wording of the agenda is of great importance for residents, they need to know what issues will be raised at the event, prepare for it and decide for themselves whether there is a need to attend it. It is unacceptable to use phrases such as "current issues" and so on. The announcement should briefly state why the meeting is being organized.
sample protocol
At the general meeting of the owners of the house at the address: Moscow, Lunacharskogo street, house 10 dated December 12, 2015, 22 people were present. Invited: a representative of the administrative center of the city of Moscow and the manager of a housing organization. Agenda:
Choice of the form of management.
It was decided to elect the management company "Rus" under the contract.
"Against" -1 person
"Abstained" - 1 person
All information is provided in Appendix No. 1.
Complete living in residential complex is important for every person, so it is recommended to attend the meeting periodically.
All the points described in these articles are very important for the legal observance of the procedure for holding an assembly. Probably the most significant document during the general meeting is the minutes of the general meeting of owners of an apartment building. This is the first document that is questioned when the legality of holding a meeting is challenged in court, which means that a lot depends on its compilation. What should it be? How to compose it correctly? We will try to answer these and other questions.
How to draw up the minutes of the general meeting by the owner of an apartment building is of interest not only Chairman of the HOA or the head of the managing organization, but also any owner who may want to be the initiator of the meeting. To draw up the minutes of the general meeting, it is not necessary to contact lawyers or legal organizations, but it is possible to do it yourself by carefully studying the Housing Code of the Russian Federation, as well as No. 937/pr dated December 25, 2015, which entered into force on April 29, 2016. This order streamlined the format for compiling the minutes of the general meeting, as well as the procedure for transferring copies of the minutes to the authorized bodies. This is the algorithm that must be followed in order to draw up the correct minutes of the general meeting of owners.
So, this protocol is drawn up within 10 days after the meeting. It is conducted by the secretary of the meeting, who is also elected by a majority vote. The following details must be included in the protocol:
The name of the document - everything is simple here, it is called that - the protocol of the general meeting of owners of premises in an apartment building.
Number and date of the minutes - the date is the date of counting the votes of the general meeting, and the number, the sequence number of the meeting in a given year.
Date and place of the general meeting. If the meeting is held in person, then the address of its holding is indicated, if the meeting is held in part-time or absentee, then the address is indicated to which the executed decisions of the owners were transferred. If the meeting is held in the GIS housing and communal services system, then the address of the apartment building is simply indicated. If the meeting lasts several days, both the start date and the end date of the meeting are indicated. Be careful, the dates in the notice of the meeting and in the minutes must match.
The content of the minutes of the general meeting. At the beginning of the content part, there should be the address of the apartment building, the type of general meeting (annual, extraordinary) and the form of its holding (in-person, absentee, in-person and absentee voting). The content itself consists of two parts. The content part should contain the following information: about the initiator of the meeting, the chairman and secretary of the meeting, about the total number of votes of the owners in the house, the number of votes that took part in the meeting, about the total area of residential and non-residential premises, about the agenda and the presence of a quorum. If the meeting is attended by less than 15 people, then the owners present at the meeting are indicated, if more, then this information is indicated in the appendix. Invited persons are also required.
The following sections should be indicated in the text of the minutes: LISTENED - this is who was heard at the meeting on each agenda item, PROPOSED - these are what proposals were received during the meeting and DECIDED - the number of votes for, against, abstained on each agenda item is indicated here.
The place of storage of minutes of general meetings and decisions of owners is indicated.
The most important thing about the new changes is that the following list of applications is mandatory:
A register of all owners in the house with full details of them, a notice of a general meeting, a list of owners present at the meeting, decisions of the owners in the event of an in-person or absentee meeting, and any documents related to the meeting.
All annexes to the protocol are subject to numbering and are an integral part of the protocol.
The protocol must be signed by the chairman and secretary of the meeting with a full name and initials.
Appendix No. 2 to the order of the Ministry of Construction of Russia indicates the procedure for transferring copies of the minutes of general meetings to the supervisory authority. Now, within five days, the initiator of the meeting, after summing up the results, is obliged to transfer a copy of the decision of the general meeting to the state housing control body.
Where to get a sample minutes of the general meeting of an apartment building
In order not to invent where you can get a sample of the minutes of the general meeting of the cooperative, we suggest that you familiarize yourself with the ready-made version.
Minutes of the general meeting of owners No. 1 dated May 30, 2016.
Date of the meeting: from May 01 to May 26, 2016.
Time spending:
Venue of the meeting: Saratov, st.
An extraordinary general meeting of owners of the premises of an apartment building is held, in the form of in-person voting, located at the address: Saratov, st.
The initiator of the general meeting of owners is ___________________ (full name), owner of apartment No. _____ on ________________ street, d. ___________________________________________
Chairman of meeting:
Meeting Secretary:
Members of the counting commission:
The list of present owners of the premises or their representatives is attached to this protocol (Appendix No. 1).
Invited persons:
The total area of residential premises in an apartment building owned by individuals and legal entities is _______ sq. m.
Non-residential premises, with a total area of ____ sq. m.
Total owners of premises ____ - sq.m. (the number of votes is 100%), of which _____ - ______ sq.m. were present at the meeting, which is ____% of votes, there is a quorum for decision-making.
Agenda:
- Adoption of the agenda;
- Election of the chairman and secretary of the general meeting with the right to sign the minutes of the general meeting;
- Approval of members of the counting commission.
- On the first item on the agenda
___________________________________
SUGGESTED:
_______________________________
Decision on the first issue of the agenda - ___________ (indicate accepted / not adopted).
The same goes for the rest of the questions.
Applications:
- Register of owners of premises in an apartment building (representatives of owners) on ___ sheets.
- Notice of holding a general meeting of owners of premises on ____ sheets.
- Register of delivery to the owners of the premises of notices of a general
meetings of owners of premises in an apartment building on ___ sheets.
- List of registration of the owners of the premises who were present at the meeting.
- Powers of attorney of representatives of the owners of the premises in the amount of ____ pieces.
Chairman of the General Meeting _______________ / Full name /
(signature)
Secretary of the General Meeting __________________ / Full name /
(signature)
Members of the counting commission: ___________________ / full name /
(signature)
Chairman
general meeting: __________________ ______________
(signature) (full name)
Secretary
General Meeting: __________________ ______________
(signature) (full name)
This is such a mandatory document that a meeting of tenants is drawn up.
The minutes of the general meeting of owners of an apartment building is a very important legal document, because it contains all the information about the decisions made at the meetings. This means that all financial, economic issues on apartment building and the questions of its administration will be reflected in it. To resolve certain issues, very often the minutes of general meetings are forged and then they become the subject of litigation, although these minutes are also questioned. Any minutes of a general meeting can be invalidated if it is made in violation of the law, so it must be drawn up clearly and understandably. Particular attention will be paid to the annexes to the protocol, because they contain all the information about the owners of the premises in the house, about those who took part in the vote, powers of attorney of representatives and other information.
If your management company announces the holding of a general meeting and the decisions made at it, the legitimacy of which is doubtful, then you or the initiative group definitely need to file a lawsuit to invalidate the minutes, and hence the meeting itself. In court, of course, it is necessary not only to express your point of view, but also to provide evidence of a forged protocol. For example, to bring to the court session the owners who were not properly notified or did not vote at the meeting, although the minutes indicate that he took part in it.
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