General meeting of owners on major repairs

Form for holding general fees

Based on the Housing Code of the Russian Federation, general meetings of residential apartment owners have the authority to resolve the following issues:

A method of filling the capital repair fund with the appointment of an organization responsible for the formation of assets.
Structure for calculating the amount of mandatory payment.
Control over the management of the special fund.
The need for major repairs.

It is legally permitted to hold meetings in person or in absentia, provided that the required quorum is not available for an open meeting. The difficulty in holding an absentee meeting with voting is the need to control the receipt of completed ballots within the scheduled time frame.

The quorum is established at the initial meeting of owners on the basis of the norms prescribed by law. It is important to understand that only homeowners, and not housing cooperatives or homeowners associations, are involved in resolving situations related to capital works.

General meeting of owners as a legal mechanism for managing affairs

A collective meeting of owners today is recognized as one of the most effective ways to resolve housing issues. The collective management body is vested with broad competence in accordance with the current Housing Code. And, despite the fact that the code has been in force in the Russian Federation for more than 10 years, not all apartment owners understand the legal nuances. That is why often a house-wide meeting of owners of residential premises and decisions put forward by the owners are declared invalid.

Today, there are several main types of general meetings of owners:

regular and extraordinary meetings;
full-time and correspondence forms of meetings.

Regular meetings of premises owners take place at strictly scheduled times. In most cases, such meetings of residents take place once a year, in the first quarter. This is due to the fact that it is at such meetings of apartment owners that a report on the implementation of agreements that were concluded last year is announced. Upon completion, a protocol is filled out in the form established by law. The holding of a gathering of citizens is regulated by Art. 162 Housing Code of the Russian Federation.

Extraordinary meetings are held extremely rarely in apartment buildings. The initiative for the gathering of apartment owners is taken by one of the homeowners, while the entire burden of additional expenses for its organization rests with the initiator.

Meetings in the form of a physical meeting are a rather complex phenomenon. To achieve the full-time presence of all homeowners, every effort must be made. In addition, in-person meetings require all participants to be in the same room, which is an additional challenge for organizers. In other words, full-time training is the best option for single-entrance houses, but not for multi-entrance houses.

The absentee form of meetings of apartment owners is a kind of alternative to an in-person meeting. In this case, we are not talking about the personal presence of all premises owners, but about the written distribution of decisions on housing issues put to vote, which included agendas.

According to the legal norms specified in the Housing Code of the Russian Federation, holding a meeting in person is a mandatory procedure. An absentee meeting complements an in-person meeting in the event that it was not possible to gather a quorum of owners to vote.

Rules for holding general fees

Like all events that relate to the expression of the will of citizens, general meetings are subject to the following rules:

It is necessary to notify each owner of the proposed meeting. The method must be agreed upon in advance at the initial meeting of owners. You can notify in several ways, namely:
Via postal mail.
Place an advertisement on the information stand.
By notification by email.
directly a general event that ends with voting on the main issue. The voting results are recorded in the protocol;
notification of all interested parties about the results of the meetings. It is possible to provide a copy of the minutes of the meeting; it is also not contrary to the law to issue an extract from the working document;
after 10 days from the time of the meeting, the protocol should be transferred to the Criminal Code for further disclosure of information about the meeting held in all government agencies involved in this issue. Concealment of the minutes of meetings of co-owners by the management company is punishable by law.

General meeting on major renovation of apartment buildings: changes and possible errors

The general meeting of owners is the main governing body of an apartment building, so issues of its regulatory support have been and remain the focus of attention. In 2021, significant changes were made to the legislation regulating the management of apartment buildings, which we decided to remind you of in our article

Powers of the general meeting of owners for major repairs of apartment buildings

According to the current edition of the Housing Code of the Russian Federation, the decision of the general meeting to carry out major repairs in an apartment building can determine the parameters of major repairs, depending on how the capital repair fund is formed - on the account of a regional operator or on a special account.

If the capital repair fund is formed on the account of a regional operator , then the general meeting must approve (Part 5 of Federal Law No. 257 of July 29, 2017):

List of services and works for major repairs;
Maximum permissible cost of services and major repairs;
A person who, on behalf of the owners of the apartment building, will be authorized to participate in the acceptance of services or major repairs and sign acts.

If the capital repair fund is formed on a special account , then the general meeting of owners of the apartment building must approve (Part 5 of Federal Law No. 257 of July 29, 2017):

List of works and services for the overhaul of apartment buildings;
Maximum permissible cost of services;
Timing of major repairs;
Sources of financing for capital repairs;
A person authorized on behalf of all owners of apartment buildings to participate in the acceptance of work and services for major repairs and sign the relevant acts.

Rescheduling of major repairs in case of non-admission of the contractor to the site (clause 4, part 4 of article 168 of the Housing Code of the Russian Federation)

The established period for major repairs in an apartment building can be postponed if the manager prevents the contractor from accessing the premises of the apartment building, building structures, utility networks, plumbing, electrical, mechanical and other equipment.

Contributions for major repairs for owners of non-residential premises (Article 170 of the Housing Code of the Russian Federation)

Owners of non-residential premises pay contributions for the overhaul of apartment buildings in a special manner on the basis of payment documents containing a calculation of the amount of the contribution for the coming calendar year. The owner of non-residential premises has the right to pay contributions in a lump sum or in equal monthly installments during the calendar year.

General meeting regarding debts on contributions for major repairs

The regional operator, which owns the special account, notifies management organizations and homeowners associations about the accumulated debt, and also takes measures to repay it. If the debt persists, then the management company or the HOA that manages the apartment building is obliged to hold a general meeting of owners to make a decision on the procedure for repaying the debt.

Number of transactions on a special account (Part 1 of Article 177 of the RF Housing Code)

The Housing Code has introduced additional provisions on the write-off of funds to enforce a court decision that has entered into force, on the write-off of funds erroneously credited to a special account when the owner of the special account submits an application for the return of funds, as well as documents confirming payment.

Proposals for major repairs of apartment buildings (Part 3 of Article 189 of the Housing Code of the Russian Federation)

Homeowners' associations, residential complexes, housing cooperatives and management organizations are obliged to provide owners with proposals on the timing of the start of capital repairs, the list and volume of services and work, their cost, the procedure and sources of financing for capital repairs, as well as other proposals related to its implementation, in the manner established by the subject RF. If the owners form a Capital Repair Fund from a regional operator, then it is the regional operator who is obliged to send proposals to the owners.

Powers of local self-government in the formation of the FKR (Part 7 of Article 189 of the RF Housing Code)

If the major repairs of an apartment building, the owners of which created the FCR on a special account, were not carried out within the time period stipulated by the regional program, and also if there is an outstanding loan for major repairs, then the local government cannot make a decision on the formation of the FCR on the account of the regional operator.

Possible errors when holding a general meeting of owners of apartment buildings

Mistakes made by the management company or HOA can lead to litigation and invalidation of decisions of general meetings. Let us outline the main possible mistakes when holding a general meeting:

Violation of the procedure for notifying owners about holding a general meeting (Part 4 of Article 45 of the Housing Code of the Russian Federation)
Incorrect vote count
Incorrectly executed decision of the general meeting of owners (Parts 4.1–5.1 of Article 48 of the Housing Code of the Russian Federation)
Errors in drawing up proxies for voting
Incorrect choice of the form of meeting (Article 44.1 of the RF Housing Code)
Outdated information in the register of premises owners
Violation of the procedure for transferring documents to the Civil Housing Inspectorate (Part 3 of Article 45 of the Housing Code of the Russian Federation)
Changing the agenda of the general meeting (Part 2 of Article 46 of the RF Housing Code)
Violation of the quorum of the general meeting (Article 44-48 of the Housing Code of the Russian Federation)

Questions about the overhaul of apartment buildings in Yekaterinburg can be asked by phone:

Source

Protocol generation method

When conducting meetings on the issue of major repairs, you should focus on the formation of a protocol according to the following principle:

organizational aspects - selection of the chairman of the gatherings, his secretary and members of the counting commission;
based on the information received from the chairman of the fees, the method of forming a special fund is determined;
Establishing the amount of contributions, which can be minimal or increased, depending on the decision of the meeting participants.
Planning for major repairs in an apartment building.
at subsequent meetings of co-owners, a report on the work done is heard;
an additional item for various types of issues specific only to this community.

It should be remembered that the protocol is a document that, if residents are dissatisfied or disagree with the work being carried out, can be reviewed by supervisory authorities or challenged in court.

Can owners of apartment buildings choose a contractor for major repairs?

To the question:

Can residents of an apartment building, having made a decision to carry out major repairs, having determined the necessary types of work and their cost, independently determine the contractor organization to carry out this work? With any method of forming a major overhaul: on the account of a regional operator, on a special account.

I inform you:

To answer the question, the following documents and regulations were used:

Housing Code of the Russian Federation;
Town Planning Code of the Russian Federation;
Order of the Ministry of Construction of Russia dated 09/07/2016 N 624;
Letter of the Ministry of Construction of Russia dated 06/08/2016 N 17636-EC/04;
Resolution of the Constitutional Court of the Russian Federation dated April 12, 2021 No. 10-P “In the case of verifying the constitutionality of the provisions of Part 1 of Article 169, Parts 4 and 7 of Article 170 and Part 4 of Article 179 of the Housing Code of the Russian Federation in connection with requests from groups of deputies of the State Duma ";
Decree of the Government of the Russian Federation dated 07/01/2016 No. 615 on approval of the Regulations on the involvement of a specialized non-profit organization carrying out activities aimed at ensuring the overhaul of common property in apartment buildings, contractors to provide services and (or) carry out work on overhaul of common property in apartment building;
Federal Law “On the Fund for Assistance to the Reform of Housing and Communal Services” dated July 21, 2007 N 185-FZ (latest edition);
Decision of the Moscow Arbitration Court dated December 19, 2016 in case No. A40-208019/2016;
Resolution of the Tenth Arbitration Court of Appeal dated 08/08/2016 in case No. A41-12104/2016;
Decision of the Arbitration Court of the Moscow Region dated 06/09/2016 in case No. A41-12100/2016.

Based on the information provided, I report the following:

The method of choosing a contractor directly depends on the method of forming the capital repair fund. There are two main options: opening a special account for an apartment building (hereinafter referred to as MKD) or the services of a regional operator. Thus, the owners determine not only the method of forming the capital repair fund, but also the responsibility for its timely implementation, targeted spending of funds and the quality of work. Let's look at both situations in more detail:

Formation of a capital repair fund in a special account.

In this case, it should be understood that the direct customers of the work are the owners of the apartment buildings, therefore they choose the contractor for the major repairs independently. This approach is confirmed by the Resolution of the Constitutional Court of the Russian Federation dated April 12, 2021 No. 10-P, which states that “the procedure for resolving issues related to the organization of major repairs of common property in an apartment building, including the search for contractors (performers), preparation of technical assignments for the provision of necessary services and (or) performance of work, monitoring the progress of major repairs, are determined by the owners of the premises in this building.”

Depending on the method of management of the apartment building (housing cooperative, homeowners’ association, management organization), the legal entity managing the apartment complex will act as an intermediary between the owners and the contractor (Article 161 of the Housing Code of the Russian Federation), since it is he who is responsible for providing all services and (or) performance of work that ensures proper maintenance of common property in this house. Thus, the management organization performs the functions of a “technical customer”. It stands separately, but there can also be a separate individual acting on a professional basis and a specialized organization attracted by the decision of the general meeting of owners of apartment buildings (clause 22 of article 1 of the Town Planning Code of the Russian Federation).

Agreements with contractors will be concluded on behalf of the “technical customer”, who will not only control the work, but also, if it does not meet the declared quality, go to court (Resolution of the Tenth Arbitration Court of Appeal dated 08.08.2016 in case No. A41- 12104/2016, Decision of the Arbitration Court of the Moscow Region dated 06/09/2016 in case No. A41-12100/2016).

The choice of a contractor can be formalized by a decision of the general meeting or it can be carried out by a specially created commission, which will necessarily include representatives of homeowners, representatives of the technical customer and representatives of the management organization (if the last two do not coincide). If the owners wish, the selection criteria can be approved at a general meeting. In this case, it is necessary to draw up a protocol that will define the basic requirements for the contracting organization, for example, membership in an SRO, good reputation and the most favorable price.

Moreover, it is worth separately noting a common misconception when it is believed that the choice of a contractor is the responsibility of the management company, but it is possible to believe so only if the homeowners have delegated their powers to the management company by a special decision of the general meeting. In the absence of properly formalized consent, the choice of a contractor is the right and responsibility of the owners (Letter of the Ministry of Construction of Russia dated 06/08/2016 N 17636-EC/04, Decision of the Moscow Arbitration Court dated 12/19/2016 in case No. A40-208019/2016).

Terms of the contract with contractors providing services and (or) carrying out work on major repairs of common property in an apartment building, including conditions on the cost of such services and (or) work, warranty period, other essential conditions, in the case of the formation of a capital fund repairs on a special account must also be approved by a decision of the general meeting of owners of premises in an apartment building in accordance with the competence of such a meeting, established by clause 1, part 2, art. 44 Housing Code of the Russian Federation.

It should be noted that spending funds from a special account will be possible only after signing a certificate of completion of work, which significantly complicates the choice of a contractor, since an advance payment system is more preferable.

Thus, when forming a capital repair fund on a special account, the method of choosing a contractor directly depends on the homeowners; this can be a direct indication of concluding an agreement with a specific contractor, adopted at a general meeting, or choosing a contractor on a competitive basis

Formation of a capital repair fund for a regional operator.

In this case, the decision on carrying out major repairs, timing, selection of a contractor and quality control are carried out by representatives of the regional operator. The regulations for the selection of contractors are determined by Decree of the Government of the Russian Federation dated July 1, 2016 No. 615 and provide for the holding of an electronic auction. The procedure in Moscow is controlled by the State Housing Inspectorate of the City of Moscow (Moszhilinspektsiya). The regional operator forms a commission to review applications, and at least 1/3 of the members of the pre-selection commission from its total number must be representatives of the regional operator.

The remaining members of the commission are:

a) representatives of the executive body of the constituent entity of the Russian Federation responsible for the implementation of the regional program for capital repairs of common property in apartment buildings, if this body is not authorized by the constituent entity of the Russian Federation to maintain a register of qualified contractors;

b) representatives of the executive authorities of the constituent entity of the Russian Federation, carrying out the functions of forming and implementing state policy in the field of state protection, conservation, use and popularization of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, in the event of a preliminary selection for the right to participate in electronic auctions for common property in apartment buildings that are objects of cultural heritage, identified objects of cultural heritage;

c) an authorized representative of the public council on housing and communal services established in a constituent entity of the Russian Federation;

d) representatives of other public organizations.

Thus, we can conclude that in this case, homeowners cannot influence the choice of contractor.

Contracts for carrying out major repairs are concluded on behalf of the regional operator. Responsibility for the consequences of non-fulfillment or improper fulfillment of obligations to carry out major repairs by contracting organizations also lies with the regional operator (Article 182 of the Housing Code of the Russian Federation).

For failure to fulfill or improper fulfillment of obligations by a regional operator, a subject of the Russian Federation bears subsidiary liability to the owners.

Summary:

The method of choosing a contractor directly depends on the method of forming the capital repair fund.

When forming funds in a special account, the decision on choosing a contractor is made by homeowners. In this case, both a competitive basis and the selection of a specific contractor at a general meeting are acceptable. The only thing worth paying special attention to is the mandatory membership of the contracting organization in the SRO when concluding a contract worth more than 3 million rubles (subparagraph “b”, paragraph 8 of Article 1 of Law No. 372-FZ). You can check the contractor's membership in the SRO on the Rostechnadzor website.

When forming a capital repair fund for a regional operator, the decision on choosing a contractor is made by an authorized commission based on the results of an electronic auction.

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What issues can be included on the agenda?

Since the issue of carrying out major repairs is not exclusively an independent decision for homeowners, but is based on proposals from the Federal Committee for Control over Major Repairs, the following agenda may be considered for consideration at general meetings:

Approval of the list of necessary capital works or services.
Limitation of the maximum cost of work.
Determining the person responsible for accepting the work performed and signing the relevant acts.
Dividing objects into public and private, and determining the order of using funds for their repairs.

It is important to remember that, on the basis of Article 189 of the Housing Code of the Russian Federation[2], the owners are obliged to review it and approve the work at general meetings within three months from the date of receipt of the proposal from the FC for major repairs.

The activity of the owners of an apartment building in making management decisions on the implementation of legislative standards regarding property affects the comfort of living with the rational use of funds.

Report forms on the results of repairs

Based on the results of the repairs carried out, regardless of whether we are talking about major or current repairs, the homeowners’ association represented by its managers, together with a contractor (if it is involved in the work) or independently, if the work was carried out on its own, is obliged to report on the work carried out events.

The main types of report on the work done should be considered:

providing residents of the house with the opportunity to participate in the acceptance of work performed during one or another stage of repair, regardless of whether we are talking about a major repair or a routine one;
based on the results of the completion of all repair work, each owner of the premises has the legal right to sign or refuse (if he is not satisfied with something regarding the characteristics) of the acceptance certificate for the work performed;
Based on the results of complete acceptance and mutual settlements with contractors, the HOA, represented by its leaders, holds an extraordinary meeting of the owners of the premises in the house in order to provide a full report, including financial, on the results of the repairs carried out.

The report presented at such a meeting by the head of the HOA must contain the following information:

calendar dates indicating the range during which repair work was carried out;
list of works initially defined as mandatory;
a list of work actually performed , including an indication of when and on what basis deviations from the initially established list of activities and objects in respect of which repairs should be carried out were made;
the estimated cost of the work performed , which was established at the time of the start of such work;
the final cost of the work performed (if it differs from those initially established, then an explanation is required as to the reasons for such a deviation, as well as on the basis of which the decision was made about the possibility of changing the cost. The latter justification is required only if the actual cost of the work for unit was increased);
total amount of money that was spent during the repair (for example, if we are talking about additional purchase of building materials);
the status of the house’s special account for major repairs after all settlements with contractors have been completed.

If, when making a decision to carry out repairs at a meeting of owners, a decision was made on the need for intermediate reporting forms, then the head of the HOA is obliged to carry out such a report throughout the entire repair with the frequency established at the meeting.

The main difference between such a report and the final one should be the indication that we are talking about the work actually completed at the time of preparation of such a report, as well as how much work remains to be done.