We fill out the minutes of the meeting of apartment building owners in 2021

The decisions of the owners adopted at the general meeting are documented in minutes, which is the final document recording the voting results, including information about the date, location, agenda of the meeting, presence of quorum, number of votes “for”, “against” and “abstained” for each item on the agenda.

There is no single, universal form of protocol for the general meeting of owners of premises of an apartment building (MKD).

Therefore, each MKD may have its own samples (templates) of minutes of general meetings. In this regard, questions sometimes arise about the validity and necessity of including certain information in the protocol.

Note (dated 09/04/2019): currently, the requirements for drawing up the minutes of the general meeting of owners of apartment buildings are approved by Order of the Ministry of Construction of Russia dated 01/28/2019 N 44/pr.

This Order establishes the requirements for the preparation of minutes of general meetings of owners of premises in apartment buildings and the procedure for sending the originals of decisions and minutes of general meetings to the authorized executive authorities of the constituent entities of the Russian Federation that carry out state housing supervision.

The list of information that must be contained in the protocol, the procedure for signing it, requirements for the preparation of details of the protocol, and the list of mandatory annexes to it have been determined.

We draw your attention to paragraph 3 of the Requirements, which specifies who must sign the minutes of the general meeting:

• The minutes of the general meeting are signed by the person chairing the general meeting, the secretary of the general meeting, as well as the persons who counted the votes. In the case provided for in paragraph 23 of the Requirements, the minutes of the general meeting are also signed by the initiator of the general meeting. In the case provided for in Part 1.1 of Article 136 of the Housing Code of the Russian Federation, the minutes of the general meeting must be signed by all owners of premises in an apartment building.

Counting commission

Despite the fact that the Housing Code of the Russian Federation does not contain any mention of the counting commission, most minutes of general meetings of owners contain information about the election of members of the counting commission. In our opinion, given the absence of an imperative in the Housing Code of the Russian Federation, the election of such a body (permanently or temporarily created) as the counting commission is not a mandatory procedure. That is, the absence of a counting commission does not in itself entail invalidation of the voting results. Indeed, in the event of an appeal against the decision of the general meeting, the court will still assess the correctness of the vote count, regardless of who counted: the counting commission or the initiator of the meeting himself.

It is another matter when the election of a counting commission is mandatory on the basis of a previously adopted decision of the general meeting of owners. The General Meeting may also approve the regulations or regulations on the counting commission, establish the procedure for election, validity period, powers, etc. In this case, the absence of a counting commission and the counting of votes by other persons will be a violation of the procedure for holding a general meeting. Although, again, if, under the specified circumstances, a quorum was nevertheless made and the decisions were made by the majority of the owners, whether the court will consider these violations of the procedure to be significant and entail the recognition of the owners’ decisions as invalid is a big question.

Conducting a vote

Any decision at a general meeting of residents is made by a majority of the total number of voters on a particular issue. Only apartment owners or, in their absence, representatives have the right to cast their vote. The voting and its results are valid if at least half of the total number of residents in the house took part in it, otherwise the decision is not made.

Each homeowner is given a number of votes that is proportional to his share in the common property. That is, the owner of a three-room apartment has more votes than the owner of a one-room apartment.

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The procedure according to which certain decisions are made, as well as the competence, is established by the legislation of the Russian Federation, in particular, the Housing Code of the Russian Federation. The meeting minutes form contains only the basic requirements for its execution.

The content must be carefully considered. Any error or inaccuracy or incorrect wording may cause residents who disagree with the decision of the majority to file a claim in court.

Functions of the council and chairman of an apartment building

Signatures of owners in the minutes of the general meeting

Sometimes you can hear the opinion that all owners who took part in the meeting of owners must sign the final minutes of the general meeting of owners. It is not necessary. When holding an “in-person” meeting (i.e., through joint presence), the owners who arrived at the meeting are noted on the registration sheet (by putting their signature there) before voting begins. The presence of a quorum in this case is determined by the number of votes of the owners who left their autograph in the registration sheet. Further, the number of votes “for”, “against” and “abstained” on each issue can be determined by a “universal” count (by raising the hand of the voter) with the secretary of the meeting or the counting commission recording each vote in the appropriate voting sheet. However, in order to avoid inaccuracies or falsifications or banal mistrust of individual owners, it is advisable for each owner who took part in the vote or his representative by proxy to issue a voting sheet (ballot), in which the meeting participant will personally put down all the necessary data and sign it. Such registration of voting results will guarantee the fairness and transparency of the procedure and, if necessary, will allow checking the correctness of the calculation (recount the votes).

If the meeting is held in absentia, the voting sheets (ballots) of the owners will also be attached to the final minutes.

Thus, all owners of premises who took part in the voting do not need to sign the final protocol, except in cases provided for by law. So, for example, according to clause 1.1. Article 136 of the Housing Code of the Russian Federation, the minutes of the general meeting of owners of premises in an apartment building, at which decisions were made on the creation of a HOA and on the approval of its charter, are signed by all owners of premises in an apartment building who voted for the adoption of such decisions.

How to compose

In order for decisions made on issues relating to common property to acquire legal force, the results of discussion and voting must be correctly documented.
The minutes of the meeting are the final document, which records the results of the event, information about the date of the event, the composition of participants and the agenda. Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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A universal form of the protocol has not been developed; there are only general rules on the basis of which it is drawn up. The requirements for the type of this document are given in Order of the Ministry of Construction of the Russian Federation No. 937/pr dated December 25, 2015.

The standard protocol must include several mandatory sections:

• the number of co-owners present at the meeting;
• invitees (if there were any);
• agenda (here it is necessary to provide a clear formulation of each of the items submitted for discussion);
• a detailed description of the process of discussing each issue: the legislative acts that govern it, the arguments, objections and decisions adopted at the meeting, the number of votes “for” and “against”, and it is necessary to indicate the total area of ​​​​those who voted;
• venue, date and time;
• signatures of the chairman of the meeting and the secretary.

Mandatory annexes to the protocol:

1. A list of owners by name who took part in the discussion, indicating apartment numbers and their square footage. The signatures of each owner present are affixed.
2. Results of voting for each issue included in the agenda. The number of votes and the total area are indicated.
3. List of members of the HOA board and audit commission elected from the participants present.

Both the protocol itself and all appendices to it must be signed by the Chairman and the Secretary. A stamp is placed, and together they form a single document.

Sample minutes of a general meeting of residents of an apartment building:

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Information about speeches and speakers at the general meeting

Is it possible not to include in the final minutes of the general meeting of owners information about speeches, comments, proposals made at the general meeting of owners?

For a clear reflection of the chronology and progress of the meeting, it is, of course, better to include this information in the minutes. In addition, the absence in the protocol of information about speakers who do not agree with the adoption of the proposed decisions may provoke an appeal to the court with a claim to invalidate the decisions of the owners.

If we look at the issue through the prism of the materiality/insignificance of the violation, then we believe that the absence of information in the protocol about the objections or proposals of a number of owners will not be a basis for declaring the voting results invalid. Of course, if we are talking about a situation where the court does not establish any other significant violations during the holding of the meeting.

How to dispute

Any decisions made at a general meeting of residents in the presence of a quorum become binding on all citizens living in the building, including those who rent space. If someone did not show up and, accordingly, could not vote, he must obey the protocol and the opinion of the majority of co-owners.

In the event that some of those present (or even one of them) do not agree with the established rules and consider them illegal and infringing on rights, they are given the legal opportunity to go to court with a corresponding statement. It will need to be accompanied by all available evidence, one of which is a copy of the minutes of the general meeting of co-owners.

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An appeal to the court must follow no later than six months from the date of the meeting where the decisions that are being challenged were made.

Formulation of the meeting agenda

Sometimes you can find items on the meeting agenda such as “miscellaneous”, “current issues” and the like. Such agenda items, of course, do not carry any semantic meaning and only at the meeting can the owner find out that in fact, by “miscellaneous” they meant “increasing the salary of a janitor” or, for example, “introducing a ban on drinking alcohol in the yard "

Let us remind you that the notice of the meeting, which the owner receives at least 10 days before the meeting, indicates all the issues on the agenda of the meeting. Indication in the message of “miscellaneous” does not reveal to the owner what is hidden under it, and in order not to provoke citizens to appeal decisions made at the general meeting of owners, we recommend that in the message and in the subsequent final minutes more specific wording of the agenda of the meeting be given.

• Recommended topic: General meeting of owners of an apartment building. Procedure, judicial practice

Some sample documents for holding a general meeting of owners of apartment buildings:

Sample minutes of the general meeting of owners

Minutes of the general meeting of premises owners on the choice of management method for apartment buildings in the form of absentee voting (agenda of the general meeting of premises owners: choice of management method; Selection of a management organization; Approval of the terms of the agreement for the management, maintenance and repair of common property in apartment buildings; conclusion of an agreement for management, maintenance and repair common property in apartment buildings, etc.)

Minutes of the general meeting of owners on choosing a method for forming a capital repair fund (meeting agenda: choosing a method for forming a capital repair fund for an apartment building in accordance with clause 3 of Article 170 of the Housing Code of the Russian Federation)

Minutes of the general meeting of owners on establishing the procedure for reporting the convening of a general meeting of owners of apartment buildings (on establishing the procedure for reporting the convening of an extraordinary general meeting of owners)

Minutes of the general meeting of owners on the provision for use of part of the common property in an apartment building (to provide for use of part of the common property in an apartment building, namely (for example, the facade of a residential building for the purpose of placing an advertising structure; non-residential premises, which are the common property of all owners of the premises of the building, located in the basement/basement of a building/… floor… for use as an office/shop/warehouse/other…, part of a land plot that is common property for the purposes of…)

Minutes of the general meeting of owners of apartment building premises on termination of the contract with the management company (resolved: in accordance with clause 8.2 of Article 162 of the Housing Code of the Russian Federation, to unilaterally terminate the contract for the management of an apartment building with the management company in connection with the failure to fulfill obligations of the management company, expressed in ...

Minutes of the general meeting of owners of premises in an apartment building on current repairs (agenda of the meeting: making a decision on carrying out routine repairs of an apartment building; approving the contents and composition, scope of work for current repairs; approving the planned cost of current repairs of an apartment building; determining the method and procedure for financing current repairs apartment building.

Minutes of the meeting of the owners of the premises of the house on the installation of an advertising structure (meeting agenda: on the provision of common property of the owners of premises in an apartment building, namely: (facade of the building, roof of the building), for the installation and operation of the advertising structure; conclusion of an agreement for the installation and operation of the advertising structure with FULL NAME ); determination of the person authorized to conclude an agreement for the installation and operation of an advertising structure on the terms determined by the decision of the general meeting.

Sample minutes of a general meeting of owners of an apartment building in the form of in-person or absentee voting (decision to carry out major repairs of an apartment building in the event of a subsidy; on approval of the type and scope of work on major repairs; on approval of the preliminary cost of work on major repairs of apartment buildings; on approval of the start dates and completion of major repairs and other related issues).

Sample minutes of the general meeting of owners on the election of the council of an apartment building (the meeting was held in the form of joint presence of owners, “in person”)

Sample minutes of the general meeting of owners of an apartment building on the creation of a HOA and approval of the HOA charter (meeting in the form of joint presence of owners of the building’s premises)

Sample minutes of the meeting of owners of apartment buildings on the choice of management method - the management organization (meeting by joint presence (in person)).

Sample owner's decision (voting ballot)

Sample decision of the owner of the premises when holding a general meeting of owners in the apartment building in the form of absentee voting

Sample absentee voting ballot for a general meeting of owners in an apartment building (absentee voting ballot for a general meeting of owners on agenda items in an apartment building)

Sample ballot for voting at a general meeting of owners in the form of absentee voting (decision of the owner of the premises at the general meeting of owners of the premises of an apartment building, in the form of absentee voting)

Form of a written decision of the owner of the premises in an apartment building (to form a land plot on which the apartment building is located; to authorize the submission of an application for the formation of a land plot to the authorized executive body and to perform all necessary actions related to this...)

Sample sheet of the owner’s decision - how to fill it out without violations

January 27, 2021

In this article we will tell you in detail how to correctly draw up individual decision sheets for each owner when holding a general meeting, and you can also find a standard ballot on this page.

We update this material as amendments or other documents related to the general meeting are released. Last edit of the article: 01/27/2021 – taking into account all changes as of this date.

This article is written in simple and accessible language based on our practice of holding general meetings in 6000+ apartment buildings in Russia for 2011-2021.

Is it necessary to make the form personal and is it even possible to indicate this data directly on the application form? A personal form is not required; you can submit a blank form (including one with a header), which each owner will fill out personally. According to our practice, we strongly recommend making the forms personalized, because...

When filling it out yourself, a huge number of errors arise. People fill in the area and round it up, for example, “84,” although in the documents it is “84.2,” and there are also almost always errors when filling out the field with the basis of ownership, or this field is not filled in at all.

Owners may even refuse to rent in order to avoid searching for real estate documents and filling out forms. It is much easier to collect decision sheets if the owners just need to tick and sign. Contact us at Domskaner (phone 8-800-100-24-97 - free call), and we will make individual forms for each resident of your home.

(sample solution sheet) You can at the bottom of the page. We have prepared it in a convenient editable .doc format (Word).

Requirements for filling out decision sheets are contained in Part 5.1 of Art. 48 of the Housing Code of the Russian Federation:

The owner's decision on the issues raised at the meeting, which is included in the minutes of the general meeting, must indicate: 1) information about the person participating in the meeting; 2) information about the document confirming the ownership right of the person participating in the meeting to the premises in the relevant apartment building;

3) decisions on each issue on the agenda, expressed in terms of “for”, “against” or “abstained”.

Additional mandatory requirements are specified in Order of the Ministry of Construction of the Russian Federation No. 44/pr on the preparation of minutes of general meetings, the mandatory attachment of which is written decisions of the owners.

In sub. “g” clause 20 of the order states that written decisions (ballots) of the owners of premises and their representatives who took part in the general meeting must contain:

• the date of their completion,
• information about the will of the owners of premises and their representatives,
• information allowing identification of persons provided for in paragraph 13 of the Requirements approved by this order:

a) for individuals - last name, first name, patronymic (the latter - if available) of the owner and (or) his representative (if the latter participates in the general meeting); number of the premises owned by him (if any) and details of the document confirming his ownership; the amount that a given person possesses; name and details of the document certifying the powers of the owner’s representative (in case of his participation in the general meeting); signature of the owner or his representative;

b) for legal entities – full name and OGRN of the legal entity; the number of the premises belonging to him (if any) and details of the document confirming his ownership of the premises; quantity ; last name, first name, patronymic (last - if available) of the owner’s representative; name and details of the document certifying the authority of the representative; signature of the representative of the owner of the premises in an apartment building.

Now let's move on to the answers to the most frequently asked questions regarding filling out the decision sheets of the general meeting

Question: Is it necessary to distribute decision sheets when sending notices of a general meeting of owners? Answer: No, this is not necessary, but in the notice of conduct you are required to indicate when and where the owner can receive a decision sheet for his expression of will.

Question: Who is responsible for printing the sheets? Answer: The sheets are printed by the initiator of the meeting or the initiative group. The management company is obliged to ensure the holding of a meeting and prepare documents only if the owners previously decided on the procedure for financing these expenses (in a management agreement or in another way, but in practice in 99% of houses such a decision was not made).

Question: Can the wording on the agenda and the decision sheet be different? Answer: The agenda of issues cannot be changed, but the wording itself can be changed from the perspective of taking action. For example, the wording of the agenda is “Making a decision on choosing the composition of the council of an apartment building.”

The decision sheet may contain the following wording: “Make a decision on the election of an apartment building to the council: ___________________ (sq. ___), __________________ (sq. ___), ____________________ (sq. ___).

It is important to note that if the agenda includes the wording “Making a decision to change the management company,” you CANNOT put the wording “Make a decision on creating a HOA” on the decision sheet.

Question: I have a certificate of ownership with number AA 112233, and in the register of owners there is entry No. 77-77/007-77/007/001/2015-266/3, what should I indicate on the decision sheet? Answer: The certificate you have in your hands is a piece of paper that has its own number. In fact, AA112233 is the number of the piece of paper, but not the number of the document confirming ownership. Therefore, instruction No. 77-77/007-77/007/001/2015-266/3 would be correct.

Question: Is it necessary to make the form personal and is it even possible to indicate this data directly on the application form? Answer: A personal form is not required; you can submit a blank form (including the header), which each owner will fill out personally. According to our practice, we strongly recommend making the forms personalized, because...

When filling it out yourself, a huge number of errors arise. People fill in the area and round it up, for example, “84,” although in the documents it is “84.2,” and there are also almost always errors when filling out the field with the basis of ownership, or this field is not filled in at all.

Contact us in DomScanner (Contacts section) and we will make individual forms for each resident of your home.

Question: Can I collect decision forms before the start of the study or after it ends? Answer: No, you can only distribute forms of decisions of the general meeting for review, but owners can only do so from the start date to the end date. The date on each form must be from the beginning to the end of the meeting.

Question: Should I keep track of the issued and accepted forms somewhere? Answer: There is no required form for registration by law. In practice, we recommend keeping a sheet of participants in the general meeting, in which to mark the sheets submitted for review and received for the convenience of further calculation. Again, this is not mandatory.

Question: Who should sign the form for the child who owns the apartment? Answer: The child’s legal representative (parent, guardian) signs for the child; we recommend attaching a copy of the birth certificate.

Question: If a person has several apartments, can he sell for only one or in different ways for different ones? Answer: In such a situation, the owner votes for all the areas owned by him (this cannot be done selectively) and votes equally for all the premises.

Question: Is it possible to receive the form by email and attach it to the Protocol? Answer: No, all forms must be signed personally; the attached printed form entails the risk of the decision being canceled for this owner.

Source: https://domscanner.ru/article/48

Sample message (notification) about holding a general meeting of owners

Notice of holding a general meeting of owners of premises in an apartment building (the initiative group convenes a general meeting of owners of residential and non-residential premises of an apartment building in the form of joint presence of owners of premises in this building to discuss issues on the agenda and make decisions on issues put to vote)

Sample notice of holding a general meeting of owners of premises in an apartment building (we invite you to take part in a general meeting of owners of premises to choose a management method, which will be held in the form of absentee voting in accordance with Article 47 of the Housing Code of the Russian Federation.. Agenda of the general meeting:.. )

Alexander Otrokhov, Legal (Omsk), 09.18.2013

How is OSS MKD carried out?

According to the norms of Article 45 of the Housing Code of the Russian Federation, a meeting of owners must be held every year in accordance with the plan, or can be convened on the initiative of one of the residents (or group) or the management organization.

Article 45 of the RF Housing Code. The procedure for holding a general meeting of premises owners in an apartment building

If the initiator is a management company or owner, each owner is sent a notice indicating the time and place of the event. This must be done at least ten days before the appointed date.

Composition of the meeting:

If any decisions are planned to be made based on the voting results, a counting commission is selected from those present. These citizens will count the votes and record the number of “for”, “against” and “abstained”.

The rules of the event are usually as follows:

1. Registration of present residents.
2. Opening speech by the Chairman of the Partnership.
3. Discussion of issues on the agenda and voting separately on each of them.
4. Answers to questions that owners have.
5. Summarizing.
6. Closing speech of the chairman.

Important to remember!

All agenda items must be listed on the notice of meeting. It is not allowed to change it or put topics that are not on the agenda for discussion.

How to hold a residents' meeting