On the execution and certification of a power of attorney for the right to vote by the owners of an apartment building on all issues on the voting agenda

Source: RosKvartal® - Internet service No. 1 for management organizations
If the owner of a premises in an apartment building cannot take part in the general meeting due to illness, lack of professional knowledge, childhood or incapacity, in this case the Housing Code of the Russian Federation provides for the right to vote through an authorized representative ( Part 1 of Article 48 of the Housing Code of the Russian Federation).

The owner’s representative can act (Part 2 of Article 48 of the RF Housing Code):

by proxy,
on the basis of the law,
on the basis of an act of an authorized government body.

Voting by proxy

The owner's representative by proxy can be any person - a family member, a neighbor, a person who does not live in this apartment building, employees of a legal entity that is the owner of the premises.

Management companies, homeowners' associations, residential complexes cannot represent the owner in matters that concern the interests of these organizations, for example, in the issue of concluding or terminating a management agreement, since such representation does not meet the criteria of good faith (clause 3 of article 182 of the Civil Code of the Russian Federation).

The power of attorney must be drawn up in writing in free form. It is necessary to include in it (clause 1 of Article 185 of the Civil Code of the Russian Federation):

information about the owner (principal): full name, passport details, residence address (required for notarized powers of attorney);
information about the owner's representative. For an individual: full name, passport details, place of residence. For a legal entity or individual entrepreneur: full name, TIN, information about the head of the organization, place of residence or location, passport details;
date and place of execution of the power of attorney;
signature of the principal.

If a power of attorney is issued by the owner of the premises, who is an individual, it can be certified (clause 3 of Article 185.1 of the Civil Code of the Russian Federation):

notarized (clause 2 of article 48 of the Housing Code of the Russian Federation)
the organization in which the principal works
educational institution where the principal studies

Previously, there was a fourth option - to have the power of attorney certified by the management organization. Now this possibility is not provided for by law.

There are very rare cases of obtaining a power of attorney from the owners of premises who, at the time of the meeting, are in a hospital - the power of attorney is certified by the chief physician; in prison - the power of attorney is certified by the head of the prison; while on a long voyage - the power of attorney is certified by the captain of the ship.

It is not necessary to notarize the power of attorney: the only exception is minor owners whose interests are not represented by their parents (Part 2 of Article 48 of the Housing Code of the Russian Federation).

If a power of attorney is issued by a legal entity, it can be drawn up in simple written form with the signature of the manager or other authorized person. The presence of an organization’s seal is an optional condition (clause 4 of Article 185.1 of the Civil Code of the Russian Federation).

The power of attorney must indicate the powers of the trustee: representing the interests of the principal at the OSS MKD and voting on issues on the agenda of the general meeting. The principal can limit the range of issues for the representative to vote, for example, exclude issues of major repairs, etc.

A power of attorney can be issued for participation in only one meeting or for a certain period.

If the power of attorney does not indicate its validity period, then it is valid for a year from the date of its execution. If the power of attorney does not indicate the date, then it is void and the owner’s representative will not be able to take part in voting on the agenda items of the meeting without providing sufficient confirmation of his authority (Article 186 of the Civil Code of the Russian Federation).

If the premises have several owners, and the representative has a power of attorney from only one of them, it means that he only has votes, the number of which is proportional to the share of this owner in the apartment: in this case, the representative will not be able to vote for all owners of the apartment. This point must be taken into account in order to avoid errors when counting votes.

What is stated in the power of attorney

A power of attorney to represent the interests of the owner at a general meeting is prepared in writing. It states:

document's name;
time and place of action on behalf of the principal;
powers of the representative;
signature of the person whose interests he represents.

This is important to know: Passport for landscaping the courtyard area of an apartment building: sample

The power of attorney also contains basic information about the representative and the principal. For a citizen, the full name, passport details and residential address are indicated. For an organization, it is necessary to provide its name, location, full name of the person representing it and the grounds on which he is authorized to act on behalf of the legal entity.

Sometimes additional information is provided in the power of attorney for the general meeting of owners of apartment buildings. For example, this could be its validity period, serial number, sample signature of the representative, and so on. This information does not affect the validity of the power of attorney or whether it complies with legal requirements. The law does not prohibit posting such data, but does not establish it as mandatory.

A sample power of attorney and an announcement about the importance of its execution for residents, as well as other useful documents and practical information, are given in our article in the magazine “Management of Apartment Buildings”.

Voting based on the law

Parents (guardians) of minor children most often act on the basis of the law.

By virtue of the Family Code, parents vote for their children; a power of attorney is not required for this. “Parents are the legal representatives of their children and act in defense of their rights and interests in relations with any individuals and legal entities, including in the courts, without special powers” (Part 1 of Article 64 of the Family Code of the Russian Federation). You can confirm your right to vote for your children either with your children’s birth certificate or with your passport.

The powers of the representative of an incapacitated or partially capable owner are confirmed by a document issued by the guardianship and trusteeship authority: a decision to appoint a person as a guardian or trustee.

If the owner of the premises is a legal entity, then on the basis of the law or constituent document the director acts on his behalf (Article 53 of the Civil Code of the Russian Federation).

In this case, it is unlawful to require a power of attorney: it will be enough to request the minutes of the general meeting of owners or shareholders on the appointment of a director to the position and an extract from the Unified State Register of Legal Entities. You can obtain such an extract yourself and for free.

POWER OFFER FOR VOTE RIGHT

I, ________________________________________________________________________________,
(last name, first name, patronymic of the principal)

residing at: __________________________________________________________

_______________________________________________________________________________,

passport series _________ No. ________________, issued by "___" _______________ ______

_______________________________________________________________________________,

(name of the authority that issued the passport)

member of SNT "_______________________________________", owner of plot No. ___________,

I hereby entrust voting on my behalf at the general meeting of members of SNT “___________________________” “___” ______________ ____, announced in accordance with the notice from “___” ______________ ____ Mr. ___________________________

________________________________________________________________________________

(last name, first name, patronymic of the authorized person)

_______________________________________________________________________________,

passport series _________ No. ________________, issued by "___" _______________ ______

_______________________________________________________________________________,

(name of the authority that issued the passport)

whose signature ___________________________ I certify to _________________________.

(signature of the authorized representative) (signature of the principal)

I certify the signature ____________________________________________________________.

(last name, first name, patronymic of the chairman of SNT)

M.P.

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Features of drawing up a power of attorney for voting at general meetings of the HOA

Voting by proxy

What is stated in the power of attorney

Voting based on the law

POWER OFFER FOR VOTE RIGHT

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