Minutes of the absentee general meeting of HOA members dated September 17, 2021

What it is?

The meeting and voting of owners can be held in several forms:

• full-time;
• correspondence;
• part-time.

The absentee form does not require a simultaneous gathering of participants. Therefore, it often turns out to be more convenient for making a decision.

But there is no possibility of discussion in absentia. Therefore, questions and answers must be formulated in such a way that they can be answered unambiguously. If it is necessary to introduce and discuss options, this can only be done in person. And on the submitted options you can vote in absentia.

Procedure for conducting in-person and absentee voting of apartment building owners

Holding a meeting in person or in absentia is organized only on the basis of the provisions of housing legislation (namely, the Housing Code of the Russian Federation, Article 47).

The event should only be carried out after appropriate preparation.

Preparation takes place in several stages regarding organizational issues, as well as activities aimed at notifying persons entitled to attend such an event.

Decisions made at a meeting that violates the requirements of the law are considered invalid.

The procedure for conducting absentee voting of owners of an apartment building

The meeting is held if the presence of at least 50% of all persons who must participate is ensured.

To ensure attendance, measures must be taken to notify all persons. To do this, the law establishes several methods.

The form of decision-making is voting. Counting is carried out only after both parts of the event have been completed.

The decision must be formalized in writing, in a document of the appropriate form. He has official status. This means that if falsification is detected, the person will be punished on the basis of the sanctions provided for by criminal law.

The results of the issues considered and the decisions that were made must be communicated to everyone living in the house.

The process of preparing for the general meeting

During the preparation process, issues that require solutions are identified.

Their identification is carried out on the basis of:

• Questionnaires;
• Survey;
• Conversations with persons living in the house.

Although this step is not required, organizing it will ensure that the meeting runs as efficiently as possible.

Next, you should find a room to meet with meeting participants.

Afterwards, the agenda is determined and the documents required during the meeting are prepared.

Owner notification

Participants must be notified no later than 10 days before the scheduled day of the event.

Persons are notified:

• By sending them registered letters;
• By personal acquaintance with the signature of the announcement of the event;
• By placing information about the event on stands.

The following information is entered into the document:

1. Data on the form of the event;
2. On the date, time and place of organizing the meeting;
3. About the issues to be considered;
4. About the documents that should be familiarized with before the meeting begins, about the place where these documents will be located.

In-person absentee voting dates

When notifying participants, the person organizing the meeting is obliged to indicate the date of the event. As a rule, the date and time of the start of voting and information about when the procedure will be completed must be indicated.

Procedure for holding a meeting in person or in absentia

In-person absentee voting of the owners of an apartment building (MKD) requires that persons who have the right of ownership of real estate take part in it jointly.

There are several types of voting:

1. Electronic (by registering on the website);
2. Written, by indicating your voice on a sheet issued by the organizer of the event.

The procedure assumes that a decision has the status of adopted when it receives more than half the votes of those present. In exceptional cases, decisions become adopted when they receive two-thirds of the votes.

This type of voting assumes that only the owners themselves are allowed to sign documents drawn up during the meeting.

How are decisions made at a general meeting formalized?

The event is always aimed at making decisions. Decisions that have received the status of adopted are documented in a protocol.

The document must be drawn up in accordance with Order dated December 25, 2015 No.937/p.

The document being compiled must have the following parts:

• Introductory;
• The main one.

The first indicates:

• Event organizers;
• Persons who counted votes;
• Participants who voted;
• Number of votes received;
• Area of ​​all residential properties;
• List of issues that were discussed at the event;
• Quorum compliance information.

The main part indicates the issues to be considered.

The completed document must be retained for three years.

How and to whom to inform about the meeting’s decision

After the event, the organizer is responsible for notifying all owners of those decisions that have received the status of adopted.

As previously mentioned, 10 days are allotted for this.

How information will be provided is also discussed at the meeting. As a rule, a copy of the protocol is used, which is posted on information stands.

Order of conduct

Order of conduct:

1. Hold an in-person meeting on this issue. If not enough residents were present, an absentee call can be made.
2. Announce it no later than 10 days before the start of the event.
3. Prepare and distribute ballots.
4. Receive ballots and count votes. In this case, it is necessary to keep a protocol.
5. The results must be reported to the owners.

You can announce the upcoming meeting and voting:

• by sending a postal notification by registered mail;
• in writing against receipt;
• or in another way.

The specific method must be prescribed in the HOA Charter or adopted at a general meeting. The notification must indicate:

1. on whose initiative it is carried out;
2. agenda;
3. where you can find additional information, if available;
4. place and time of the event (or where and on what dates to send ballots).

Attention! To obtain the result, as in the face-to-face form, the participation of at least half of the premises owners is required.

You can inform about your decision:

• by posting information in a publicly accessible place (for example, on a bulletin board);
• at another meeting;
• by sending a registered letter to each tenant;
• or by delivering the notice in person (against signature);
• etc.

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Differences

The key difference between the in-person and absentee form of voting, first in person and then in absentia, is the integrity of the action. Thus, these are not 2 different meetings held sequentially for reasons of the need to obtain a quorum, but a single event consisting of 2 parts. In addition, the law does not prohibit holding a meeting in person and in absentia simultaneously according to 2 schemes, that is, it can be held not in stages, but in parallel in the form of the direct presence of residents and in the form of their absentee voting. In this case, all in-person and absentee votes of the owners, without exception, OSS protocol And with other forms of holding the general meeting, 2 separate minutes of the general meeting will be drawn up.

Draft order of the Ministry of Construction on registration of OSS protocols
22563

2

Part 3 of Article 47 of the Housing Code states that a general meeting of apartment building residents can be held in the form of absentee voting, implying the possibility of discussing issues on the agenda by the owners personally present and simultaneous transfer of absentee decisions on them within the prescribed period to the place or address, which are indicated in the notification.

Taking into account the fact that the in-person and absentee form of the meeting presupposes the presence of both voting schemes at once, the message about its holding will need to indicate 2 dates: the number of in-person voting and the day before which absentee decisions of the owners are made. The agenda will be the same for both forms of voting. Conducting 2 consecutive meetings, first in person and then in absentia, involves notifying apartment building residents with separate messages. In this case, a message about absentee voting is sent after in-person voting (if a quorum has not been reached).

Documentation of the meeting

Important: It is necessary to correctly complete all procedures and fill out documents.

If any irregularities are found, the result can be challenged.

Bulletin

Such a bulletin is a special document with the help of which each of the residents can express their opinion. It must contain the following information:

1. Agenda.
2. Where should the completed ballot be sent?
3. The start and end date of voting (that is, from what time and until what time they are accepted).
4. Place for information about the voter. This includes his full name, apartment number and area. It is also required to indicate on what basis he owns the property.
5. Question(s) put to a vote (we described what questions can be put to a vote by HOA owners here).
6. A place where the voter can choose an answer (for, against, or abstain).
7. Date of completion.

Attention! You can specify one of the existing answer options.

If there are more, such a ballot is not taken into account when counting votes.

How to store them and how and when to destroy undistributed ones can be specified in the Charter or other documentation of the HOA. For better accounting, you can number the ballots.

Minutes of the general meeting

The protocol records the accepted ballots and the vote counting process. Votes can be counted:

• Members of the Board;
• or a commission (audit or created specifically for voting).

The protocol must contain the following points:

1. Number.
2. Date of completion.
3. Total area of ​​the house.
4. How many votes are needed for a quorum?
5. The total number of participants (you can indicate whether a quorum has been reached).
6. Full name of the chairman and secretary, as well as members of the counting commission.
7. Issues put to vote.
8. For each issue: distribution of votes (for, against and abstentions) and the decision made (or the fact that it was not made).
9. Signatures of the chairman, secretary, and counting commission.

We talked about the rules for drawing up a protocol based on the results of voting by owners in the HOA in a separate article.

Reference: The number of votes is calculated in proportion to the area of ​​the voter's apartment relative to the total area of ​​the house.

Therefore, those who own different apartments will have different numbers.

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Our experts have prepared other useful publications on how an HOA is created, how the partnership works and how it interacts with owners in apartment buildings. From individual articles you can learn:

• Where and how to find all the information about the HOA?
• What are the pros and cons of a partnership and is it possible to leave it with one apartment?
• How and when is reorganization and liquidation carried out?

How can I appeal the decision?

In this case, as in face-to-face cases, you will have to go to court. You must write a statement of claim indicating:

1. Full name of the judicial authority.
2. Full name of the plaintiff.
3. The essence of the claims.
4. Date of application.

An appeal may be made by the owner, whose rights are limited by such a decision and at the same time:

• he didn't vote;
• or voted against such a decision.

The defendant in the case will be the initiator of the meeting.

Attention! You can submit your application within six months after the decision was announced.

The court may satisfy the claim in the following cases:

1. In case of significant violations in the conduct of the described processes, including vote counting.
2. If the issue does not fall into those categories that can be resolved by the HOA.

The decision may be upheld by the court in the following cases:

1. Violations are not significant.
2. The participation of this owner in the vote would not have affected the result.

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