Do you need to know how to hold a meeting of homeowners if you plan to transfer residential premises to non-residential or the reverse procedure, make decisions on the disposal of part of the local territory of the Ministry of Internal Affairs, and other issues regarding the management of an apartment building? The competence of the general meeting is determined by the Housing Code of the Russian Federation, and any of the owners can convene it.
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Read more about the meeting, main documents and procedure later in the article.
Why are minutes of the owners' meeting required?
The minutes are a document confirming the presence of a quorum at the meeting of owners and the results of voting on agenda items. Meetings must be held at least once a year, and extraordinary meetings must be held at the initiative of any copyright holder. Based on the competence of the meeting, the minutes will be used for the following purposes:
- to approve the results of MKD management for the past year or other period (reporting meeting);
- to establish the amount of the contribution for major repairs, if the owners of the premises decide to make it more than the legislative indicator (increasing the tariff will allow major repairs to be carried out earlier than planned or in a larger volume);
- to approve decisions on the reconstruction of a building, redevelopment or reconstruction of premises in an apartment building, if such work is associated with changes in the characteristics of common property;
- to make a decision on carrying out major repairs using borrowed funds from the bank;
- on determining the procedure for using land plots that are part of the local area (for example, on allocating parking space, on placing landscaping elements, etc.);
- for other purposes consistent with the law.
Let us give a typical example in which it is impossible to do without obtaining the minutes of a meeting with the decision made. If you have an apartment in an apartment building and you want to transfer it to non-residential premises, you will have to install a separate entrance and make other changes to the characteristics. Such work has an impact on common property and the local area, so an extraordinary meeting will have to be convened to approve the transfer. Moreover, it is necessary to ensure the presence of a quorum and a majority of votes approving the item on the agenda. Without a protocol, or if the decision is negative, there is no point in sending documents for further approval.
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Expert commentary . On March 5, 2021, Order No. 44/pr of the Ministry of Construction of the Russian Federation came into force. This document contains new rules for the preparation of minutes adopted at general meetings of apartment building owners. Therefore, when convening meetings after this date, one must be guided by the new requirements. You can learn more about the specifics of drawing up owner protocols from our company’s specialists.
Drawing up the OSS agenda
We propose to consider an example of composing a message about the conduct of an OSS , when the question of choosing the council of the MKD is raised.
At the end of the text of the agenda of the general meeting of owners , we recommend making a receipt for the owners with the text: “I, full name, owner of <room number> with a message about the holding of an OSS <date> on the initiative of I.I. Ivanov. familiarized." This will help you track which of the owners knows about the OSS.
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Housing Code of the Russian Federation Article 45 on the meeting of owners
Owners of residential and non-residential premises, including individuals and organizations, can take part in the management of an apartment building. In relation to non-privatized apartments, the powers of the owner are exercised by the municipal body. The meeting is held annually, or on an extraordinary basis if such an initiative is put forward by at least one of the copyright holders of the premises in the building. The management company also has the right to convene a meeting.
The initiative to conduct an extraordinary meeting will not necessarily reach its logical conclusion. If too few owners attend the meeting, the quorum will be considered failed. Here are the conditions under which the meeting will have the right to make decisions and issue minutes:
- for most of the powers granted by the Housing Code of the Russian Federation, it is enough to collect a quorum of at least 50% of the total votes (this percentage is determined by the size of the area per owner);
- if the issue of transferring residential premises to non-residential premises is being considered, not only a general quorum of 50% according to the apartment building is required, but also a special quorum for the entrance where the object is located - at least 2/3 of the votes;
- if there is only one entrance to the building, the meeting will be competent to make decisions if participants turn out with 2/3 of the votes;
- The quorum is determined according to the information of the title documents, which indicate the size of the area belonging to the participant.
The presence of a quorum is confirmed at the initial stage of the meeting, i.e. when registering participants. If there are not enough of them, it is impossible to hold a meeting and consider issues on the agenda.
Expert commentary . A special quorum of 2/3 votes from the residents of the entrance is not required for the reverse procedure for transferring non-residential premises to residential premises. In this case, the meeting will be valid if the owners who own at least half the area of the building attend it.
What not to include on the agenda
According to paragraph 16 of Order of the Ministry of Construction of Russia dated December 25, 2015 N 937, it is worth remembering that wording that can be ambiguous cannot be included in the agenda. The wording “Miscellaneous”/“Other”/“Other” is also prohibited. Questions falling under this category are considered illegitimate.
to combine issues of different content in one wording on the OSS agenda If the subject of the issue on the agenda is the consideration of a document, indicate its full name and details.
We do not recommend “overloading” the agenda. The more questions there are, the longer the meeting lasts, and will the discussion be more fruitful? Don't forget about the human factor.
It is important to understand that under no circumstances should you deviate from the agenda and introduce any additional items into it right at the meeting. And vice versa, if some issue was included in the agenda, then it should not be missed at the meeting either.
There is only one exception to this rule, but it involves an almost incredible situation: if 100% of the owners who own shares of residential and non-residential premises are present at the meeting, they can change the agenda.
Otherwise, decisions made on any additional issues not included in the agenda may be declared invalid.
Samples of documents for the meeting of owners
Samples of most documents and requirements for their execution are approved by regulations. Also, all sample documents are posted on the single portal GIS housing and communal services https://dom.gosuslugi.ru/. They can be downloaded at no additional cost. Protocols and decisions taken on management issues of the apartment building will also be posted there.
The forms of documents required for holding meetings are contained in the following regulations:
- Order of the Ministry of Construction of the Russian Federation dated July 31, 2014 No. 411/pr specifies the requirements for filling out notices about holding a meeting, the form of a registration sheet and a decision in case of absentee voting;
- Order of the Ministry of Construction of the Russian Federation No. 44/pr specifies the requirements for drawing up a protocol.
If you need to hold a meeting in an apartment building and fill out all the documents correctly, contact ]Smart Way[/anchor]. Our specialists will help you go through all stages of the procedure and guarantee strict compliance with the law. On our website you can download all sample forms taking into account new changes in the law.
Download: Sample minutes of the general meeting of owners
How to write an announcement about a meeting of residents of a house - sample drafting
Article 44 of the Housing Code of the Russian Federation determines that the general meeting is the management body of the apartment building. The better it is planned and organized, the easier it will be and will not leave bitterness from wasted time.
Do you want to initiate a vote among residents of an apartment building and don’t know how to do it? Or are you unhappy with the way the event is notified? What does a sample announcement about a meeting of residents of an apartment building look like? What is the difference between a notice of a general meeting of homeowners and an announcement? Let's look at how to organize this most correctly.
How long does it take to receive and register meeting minutes?
The exact timing of all stages of the meeting before receiving the minutes will depend on the decisions of the initiator and previously made decisions of the owners. You can determine approximate deadlines corresponding to the Housing Code of the Russian Federation:
- stage of submission of messages (notifications) – at least 10 days;
- holding a meeting in person – 1 day;
- holding a meeting in absentia or in absentia - within the period specified in the message or provided for by previously adopted decisions;
- registration of the protocol – no more than 10 days;
- issuance of documents to the initiator of the meeting – no more than 5 days.
Contents of the meeting message
The content of the notice of the meeting must meet the requirements of Part 5 of Art. 45 Residential Complex of the Russian Federation .
The message must contain:
- Information about the OSS initiator. For an individual: full name, address of the premises that belong to him as property, details of the title document. For a legal entity: OGRN, name, address of the premises owned by it, details of the title document.
- Form of conducting OSS: full-time, part-time or part-time.
- The date and place of the in-person meeting, the deadline for taking decisions and the reception location for the absentee meeting. For full-time and part-time forms, both are indicated.
- Meeting Agenda: All issues that will be raised at the OCC must be listed and numbered.
- The procedure for familiarizing yourself with the information and materials that will be presented at the OSS: what documents, where and when you can view them.
Obtaining minutes of the meeting of owners in Moscow and St. Petersburg
Our company provides services for preparing, organizing and holding general meetings of apartment building owners in Moscow and St. Petersburg. We will help fill out all the forms, provide conditions for the work of the meeting commissions, prepare minutes, registration sheets and other documents.
Information on the procedure for holding and transmitting information about meetings in Moscow and St. Petersburg is contained not only on the federal portal of the GIS Housing and Communal Services, but also on regional websites. For example, to carry out this procedure in the capital, you need to use the website https://dom.mos.ru/. It contains information about the requirements for completing forms and useful materials for owners.
Expert commentary . To organize a meeting on the issue of transferring residential premises to non-residential premises and vice versa, you need to draw up a redevelopment project. You can order this document and get help with approvals at ]Smart Way[/anchor].
What to do if owners refuse consent?
The main problem when holding meetings of owners in apartment buildings is the difficulty of directly influencing their decisions. You can challenge the protocol or voting results through the court only in the following cases:
- in case of violation of the procedure for convening and notifying owners;
- in case of violations in the creation of commissions, election of the chairman;
- in case of violation of the form and content of protocols and other forms;
- in other cases when a rule of law is violated.
Owners have the right to vote on agenda items at their own discretion. Therefore, if a negative decision is made, properly formalized, it is impossible to challenge it even in court. To get around a negative decision, you will have to negotiate with the owners, organize and hold repeated meetings.
]Smart Way[/anchor] has several options for working with complex houses: providing owners with minor major repairs, installing a playground, and other improvements to living conditions.
How to persuade apartment owners? All ways
In order to influence the voting results, organize and hold a meeting the first time, you will have to interact with the residents of the apartment building. The best option is the case when more than half of the area in the house belongs to the municipality, i.e. the apartments are not privatized. In this case, you can offer assistance to the municipality in landscaping, implementing social programs, and other projects.
It is also possible to carry out preliminary approvals with the owners. This is especially true when converting residential premises to non-residential premises, since you will have to obtain a quorum of 2/3 votes at the entrance. The law does not prohibit the use of such forms of interaction as:
- financial incentives, transfer of gifts, etc.;
- provision of benefits and bonuses when servicing at a point that will be opened in the house with the permission of the owners;
- explaining the importance and necessity of the solution for improving the home and surrounding area;
- proposal to improve the area near the house, build green spaces and a playground, etc.
It is also necessary to prove that even during construction work, noise standards, sanitary and hygienic and fire safety rules will not be violated. If you contact our company, we will help convince the owners to make the right decision and choose the best ways of interaction and cooperation.
mat stimulation
How can I notify about the general meeting?
This should be decided at the very first meeting: by registered mail, personal delivery with signature on receipt, or simply by posting in a publicly accessible place a notice about the event and the meeting of the owners of the apartment building.
A notice of a meeting of owners of an apartment building must contain the following:
who is the initiator (full name, apartment number or House Council, etc.);
how it will be held : in person, in absentia or part-time;
date, place, time , and if voting is absentee, then the place and time of delivery of ballots;
agenda;
- where and when you can get acquainted with additional materials that will help you make a decision.
The last point is very important, it is even worth paying special attention to it by voters, since it determines how the votes will be distributed, how conscious everyone’s decision will be and how organized the voting will be.
It can also remind residents of the opportunity to send a trusted person if they cannot be present in person, and attach a power of attorney form.
And also remind you of the right to appeal the decision in court in case of disagreement, as well as the binding nature of the decision of the general meeting for all residents, regardless of presence or absence.
How does a sample notice of a meeting of owners of an apartment building differ from a notice of a meeting of residents of a building?
A notice of a general meeting of owners of an apartment building contains an address to a specific person and his initials are indicated.
We repeat once again, it is sent by registered mail or delivered in person.
In turn, the announcement of a meeting of owners of an apartment building is an appeal to all homeowners.
Its sample, as a rule, is also approved at the first general meeting. It is posted where it is guaranteed to be read by all residents - and such places must also be approved by a general vote.
We provide the message form via the link.
It would be useful to remind residents in both notification methods of the need to bring an identification document (passport, etc.).
This is important to know: Statement of claim for eviction of a mortgaged apartment: sample
A timely posted or delivered and correctly drafted notice of a meeting of owners of an apartment building can help you with this.
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Cost and price of the owners' meeting
The law does not provide for fees and charges for holding meetings in apartment buildings. All overhead costs are borne by the initiator, including:
- for the preparation of printed materials if the owners request copies;
- for renting premises for in-person meetings;
- for material incentives for owners;
- for other purposes.
The owners will incur expenses only if they transfer powers by proxy to other persons.
The services for organizing and holding meetings offered by our company are paid. You can agree on the cost and terms of cooperation during a consultation with our specialists. The costs you incur to pay for the services of representatives will save time and money, as we will eliminate any problems and difficulties.
conclusions
Meetings of owners are held on any issues related to the management of apartment buildings. Requirements for organizing and holding meetings, drawing up and issuing minutes are provided for in the Housing Code of the Russian Federation. An appeal against the decision of the owners is allowed only if there is a violation of the law regarding the form and content of documents, the procedure for convening and holding a meeting.
Get an estimate of the cost of this service using our price calculator - here
In ]Smart Way[/anchor] you can order a full set of services for holding meetings in apartment buildings. On our website you can download standard samples of all forms that must be filled out in the decision-making and voting process.
Contents of the notice of the meeting of homeowners
Notification is provided no later than 10 days before the event date. In free form, in writing. But it must contain the following information:
- who is the initiator of the
- form (full-time, part-time or part-time), date, place and time
- agenda
- procedure for familiarizing yourself with materials on issues included in the agenda
If the general meeting of homeowners is held in the form of absentee voting, then the notification must indicate the end date for making decisions and where to send them.
