Article 44 of the RF Housing Code. General meeting of owners of premises in an apartment building


Responsibilities of the management company of an apartment building under the law of the Russian Federation

The legislation defines several forms of management of an apartment building (Part 2 of Article 161 of the Housing Code):

  • directly by the owners of the house (if the number of apartments in it does not exceed thirty);
  • a homeowners' association or cooperative (housing or other specialized);
  • management company.

The management company is a commercial utility organization that performs the functions of maintaining the housing stock in standard condition. The general meeting of owners of premises in the house determines the method of managing the apartment building and, if a management company is chosen, a management agreement is concluded with it. The contract itself stipulates the responsibilities of the management company in accordance with Art. 161 and 162 LCD:

Performing work and providing services related to house management:

  • reception, storage and provision of necessary technical documentation for an apartment building;
  • collecting, storing and keeping up to date the register of owners of premises in the house, providing information about them in certain cases upon request;
  • planning activities for the maintenance and repair of the common property of the apartment building and coordinating them with residents at a general meeting;
  • preparation of documentation for holding a general meeting of owners;
  • organizational measures for the performance of work and provision of services agreed upon with the residents of the house;
  • organizing payments for utilities and repairs of common property with issuing receipts, distributing them to owners, as well as informing about changes in tariffs for utilities and residential premises.

Carrying out work to maintain the housing stock in proper condition, carrying out repair work on the common property of apartment buildings:

  • periodic inspection of visible parts of the house structures;
  • inspection of the roof, its timely repair, removal of snow and ice;
  • work aimed at maintaining the facade, stairs, interior decoration, windows, doors, floors in proper condition (periodic inspection, timely repairs, cleaning);
  • checking the serviceability and timely replacement of faulty common building resource metering devices, maintenance of utility networks, repair of common property of apartment buildings;
  • checking and carrying out work to eliminate malfunctions in the ventilation systems of the house;
  • work on maintaining the local area, places where solid household waste accumulates;
  • making the entrance to the apartment complex accessible for people with limited mobility.

Constant and high-quality provision of utilities to the owners or users of premises located in the house, as well as maintenance of utility networks in readiness to provide utilities:

  • The utility resource supplied to consumers must correspond to the required volume and quality;
  • the obligation to enter into agreements with organizations that supply resources for their acquisition;
  • take monthly readings from a common house meter (if available) and provide information to the consumer upon request;
  • If at a general meeting of owners of premises in the house a decision was made to install a common house metering device, then the management company must ensure its installation and commissioning within three months.

Informing property owners about their activities:

  • by placing it in the GIS Housing and Communal Services;
  • response to citizens' requests;
  • in the form of an annual report to the owners during the first quarter of the current year for the previous calendar year.

As well as other activities related to the management of apartment buildings.

Article 44. “Housing Code of the Russian Federation” dated December 29, 2004 N 188-FZ (as amended on April 30, 2021)

Article 44. General meeting of owners of premises in an apartment building

1. The general meeting of owners of premises in an apartment building is the management body of the apartment building. A general meeting of owners of premises in an apartment building is held for the purpose of managing the apartment building by discussing agenda items and making decisions on issues put to vote.

1.1. Persons who have accepted from the developer (the person providing the construction of an apartment building) after issuing permission to put an apartment building into operation premises in this building under a transfer deed or other transfer document, have the right to participate in general meetings of owners of premises in an apartment building and make decisions on issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building, in the manner prescribed by this Code, within a year from the date of issue of permission to put the apartment building into operation.

2. The competence of the general meeting of owners of premises in an apartment building includes:

1) making decisions on the reconstruction of an apartment building (including its expansion or superstructure), construction of outbuildings and other buildings, structures, structures, major repairs of common property in an apartment building, on the use of the capital repair fund, on reconstruction and (or) redevelopment of premises that are part of the common property in an apartment building;

1.1) making decisions on choosing a method for forming a capital repair fund, choosing a person authorized to open a special account in a Russian credit institution, and performing transactions with funds located in a special account;

1.1-1) making decisions on the amount of the contribution for capital repairs in terms of the excess of its size over the established minimum amount of the contribution for capital repairs, the minimum amount of the capital repairs fund in terms of its excess over the established minimum amount of the capital repairs fund (if the law of the subject The Russian Federation has established a minimum size of the capital repair fund), placing temporarily free funds of the capital repair fund, formed in a special account, on a special deposit in a Russian credit institution;

1.2) making decisions on the receipt by a homeowners’ association or a housing construction cooperative, a housing cooperative or another specialized consumer cooperative, a management organization and, in the direct management of an apartment building, by the owners of premises in this building by a person authorized by a decision of the general meeting of such owners, a loan or a loan for capital repair of common property in an apartment building, on determining the essential terms of a credit agreement or loan agreement, on the receipt by these persons of a guarantee, surety for this loan or loan and on the conditions for obtaining the specified guarantee, surety, as well as on repayment at the expense of the capital repair fund of the loan or loan , used to pay for the costs of major repairs of common property in an apartment building, and for the payment of interest for the use of this credit or loan, payment from the capital repair fund for the costs of obtaining the specified guarantees and sureties;

2) making decisions on the limits of use of the land plot on which the apartment building is located, including the introduction of restrictions on its use, as well as on concluding an agreement on the establishment of an easement, an agreement on the implementation of a public easement in relation to the land plot related to the common property in the apartment building ;

2.1) making decisions on the improvement of the land plot on which the apartment building is located and which belongs to the common property of the owners of premises in the apartment building, including the placement, maintenance and operation of landscaping and landscaping elements on the specified land plot;

3) making decisions on the use of the common property of the owners of premises in an apartment building by other persons, including the conclusion of contracts for the installation and operation of advertising structures, if for their installation and operation it is intended to use the common property of the owners of premises in an apartment building;

3.1) making decisions on identifying persons who, on behalf of the owners of premises in an apartment building, are authorized to conclude agreements on the use of the common property of the owners of premises in an apartment building (including agreements for the installation and operation of advertising structures), to submit documents for approval of reconstruction and ( or) redevelopment of premises that are part of the common property in an apartment building, for the conclusion of an agreement on the establishment of an easement, an agreement on the implementation of a public easement in relation to a land plot related to the common property of the owners of premises in an apartment building, and on the persons authorized to sign these agreements , as well as the procedure for receiving funds provided for by these agreements on the terms determined by the decision of the general meeting;

3.2) making decisions on the use, when holding a general meeting of owners of premises in an apartment building in the form of absentee voting, of a system or a regional information system created on the basis of a decision of the highest executive body of state power of a constituent entity of the Russian Federation, used for holding a general meeting of owners of premises in an apartment building in the form of absentee voting voting (hereinafter referred to as the regional information system), with the direct management of an apartment building by the owners of premises in the apartment building, as well as other information systems, regardless of the method of managing the apartment building;

3.3) making decisions on identifying persons who, on behalf of the owners of premises in an apartment building, are authorized to use the system or other information systems when holding a general meeting of owners of premises in an apartment building in the form of absentee voting (hereinafter referred to as the administrator of the general meeting);

3.4) making a decision on the procedure for the administrator of the general meeting to receive messages about holding general meetings of owners of premises in an apartment building, decisions of owners of premises in an apartment building on issues put to vote, as well as the duration of voting on issues on the agenda of the general meeting of owners of premises in an apartment building in the form of absentee voting using the system;

3.5) making a decision on the procedure for financing expenses associated with convening and organizing a general meeting by the management organization, the board of a homeowners’ association, housing or housing construction cooperative, or other specialized consumer cooperative in accordance with Part 6 of Article 45 of this Code;

3.6) making decisions on identifying a person authorized on behalf of the owners of premises in an apartment building to submit an application for state cadastral registration and (or) state registration of rights to real estate objects that are, by force of law, part of the common property of the owners of premises in an apartment building, applications for state cadastral registration of an apartment building in connection with a change in its characteristics as a result of reconstruction or redevelopment of the premises located in it;

4) choosing a method of managing an apartment building;

4.1) making decisions on current repairs of common property in an apartment building;

4.2) making a decision to grant the council of an apartment building the authority to make decisions on the current repairs of common property in an apartment building;

4.3) making a decision to vest the chairman of the council of an apartment building with the authority to make decisions on issues not specified in Part 5 of Article 161.1 of this Code, with the exception of the powers falling within the competence of the general meeting of owners of premises in an apartment building;

4.4) making a decision on the conclusion by the owners of premises in an apartment building, acting on their own behalf, in the manner established by this Code, respectively, of an agreement for cold and hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply , including the supply of solid fuel in the presence of stove heating) (hereinafter also referred to as an agreement containing provisions on the provision of municipal services), contracts for the provision of services for the management of municipal solid waste with a resource supplying organization, a regional operator for the management of municipal solid waste;

4.5) making a decision on consent to transfer residential premises to non-residential premises;

4.6) making a decision on the inclusion of an apartment building within the boundaries of a residential development territory subject to integrated development in accordance with a draft decision on the integrated development of such a territory, as well as making a decision on excluding an apartment building from the boundaries of such a territory, from a draft decision on the integrated development of a residential development territory or from a decision on the integrated development of a residential area;

5) other issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.

Rights of the management company

In addition to its responsibilities, the management company is endowed with rights on the basis of which the high-quality fulfillment of obligations for the management of apartment buildings is carried out:

  • conclude agreements with resource supply organizations for the supply of necessary resources on behalf of the owners of the premises (in accordance with the rights granted under the contract for house management);
  • demand from the owners of the premises timely and full payment for the resources consumed, as well as for the services provided;
  • check the correctness of the transmitted information using individual metering devices every six months;
  • gain access to residential premises to carry out scheduled inspections and checks of communications, repair work with mandatory prior notification of residents;
  • to carry out urgent repairs, use the funds in reserve for these purposes;
  • limit consumers in housing and communal services in accordance with the law;
  • recover damages incurred due to the fault of the work performers or the residents themselves.

What legal acts regulate the procedure for organizing and conducting OSS MKD

According to the Housing Code of the Russian Federation, the general fee for residents of multi-apartment housing allows regulating various situations, the purpose of which is to increase the comfortable stay of citizens in the complex, as well as the market value of real estate. The legislation establishes norms, requirements and conditions for holding meetings.

Housing Code of the Russian Federation on the general meeting of owners

The scheme according to which OSS is carried out in MKD is regulated by Art. No. 44-48 Residential complex of Russia. Based on the principles of the law, the meeting of owners is a body for managing common property.

In housing legislation, the main articles on this issue are:

  1. Art. No. 44 part 2 clause 4 – regulates the methods of electing management of MKD.
  2. Art. No. 162 of the Housing Code of Russia, in part one, establishes the need to conclude agreements between the management company or another form with home owners.
  3. Article No. 162 of the same code in part No. 8.2 indicates that property owners have the right to agree and make decisions to refuse the services of the management company if the organization poorly or does not fully comply with the norms of the agreement.
  4. In Art. No. 36, part 4, sets out regulations on how the transfer of common property to third parties for temporary use should occur.
  5. Any decisions related to repairs, expansions, superstructures, as well as the construction of various outbuildings. buildings must be carried out in accordance with the provisions of Art. No. 44 part 2 item 1

Order of the Ministry of Construction on conducting OSS

The Order of the Ministry of Construction dated July 31, 14 No. 411/pr established approximate points of contractual agreements, as well as guidelines regarding the rules on how a general meeting of owners of an apartment building is held.

Other laws

In addition to housing law, regulating the activities of managing apartment buildings is PP of Russia No. 75 dated February 6, 2006. The provisions of the resolution contain requirements for the House Council or other self-government body of an apartment building (for example, a housing cooperative) to hold a competition in an open format at the choice of the management company.

Main functions of the management company

Based on the above, the functional tasks of the management company are as follows:

  • intermediary – between homeowners and resource suppliers, repair organizations, etc.;
  • maintenance - maintenance and management of the house as a whole, maintaining its condition within standard values, carrying out the necessary repairs;
  • performing - the management company provides utility services to the owners of the premises all in one person.

What is not the responsibility of the management company?

The list of powers and responsibilities of the management company is limited by the contract for the management of apartment buildings. Residents have the right to write down additional points where all the points to ensure their comfort are mentioned. If they are not specified, then the standard agreement does not contain the obligation of the management company:

  • for arranging lawns and flower beds, pruning trees and decorating the local area;
  • to carry out emergency repair work when there is no need for it;
  • for installation of video surveillance systems in the local area and in common areas of apartment buildings;
  • to provide parking security and concierge services;
  • for intercom repair and maintenance.

What to do if the management company of the apartment building does not fulfill its duties?

The management company is obliged to bear responsibility for the proper performance of its functions in accordance with Part 2.3 of Art. 161 Housing Code of the Russian Federation. If there are grounds for determining the actions of the management company as failure to comply with the terms of the house management agreement, then the apartment owners have the right to file a complaint:

  • to supervisory authorities: state, municipal or public housing supervision. The complaint must state the essence of the appeal, as well as write down your contact information (full name, postal address, telephone). If there are supporting materials, they are attached - a sample complaint.
  • to Rospotrebnadzor. The usual procedure is to first refer the claim to the management company. If the response is unsatisfactory, a complaint is filed with Rospotrebnadzor. This can be a regular written request or filling out an electronic form on the department’s website.

The supervisory authority is given 30 days to consider the received appeal. During this period, an inspection may be ordered to clarify the circumstances of the case. Based on the results of the inspection, a decision is made to eliminate violations and bring the perpetrators to administrative responsibility.

  • to the prosecutor's office if, as a result of improper execution of the Criminal Code of its powers, the rights of citizens or legal requirements were violated. In case of repeated cases of administrative penalties imposed on the management company by the court, such a company will be deprived of the right to manage the house - sample complaint.
  • Serious violations on the part of the management company may lead to a lawsuit by residents in court. They have the right to ask the court to force the management company to eliminate deficiencies in house maintenance and compensate for damage resulting from improper performance of duties.

Procedure for conducting OSS

The general meeting of owners of premises in an apartment building , in accordance with Part 1 of Article 44 of the Housing Code of the Russian Federation, is recognized as the management body of the house. The general meeting is held so that the management company, together with the property owners, can discuss a number of topical issues and problems on the agenda by voting and making decisions.

The general meeting of homeowners can be held in three forms (Article 44.1 of the Housing Code of the Russian Federation):

  • in-person voting - in the presence of owners of premises in the house to discuss issues on the agenda and make decisions on issues put to vote;
  • absentee voting - by means of a questionnaire, if the meeting in person did not take place due to lack of quorum (Part 1 of Article 47, Article 47.1 of the Housing Code of the Russian Federation).
  • in-person and absentee voting - using the GIS housing and communal services system (Part 3 of Article 47 of the Housing Code of the Russian Federation). The decision to use the GIS Housing and Public Utilities when conducting the OSS in the form of absentee voting is made by the general meeting of premises owners (Clause 3.2, Part 2, Article 44, Part 1, Article 47.1 of the Housing Code of the Russian Federation).

In-person and absentee voting

When and why is it necessary to conduct an OSS in the form of in-person and absentee voting of owners ? After all, for this there are separate forms of in-person and absentee voting. The thing is that both of these forms do not always bring results, since often there is simply not a quorum to make important decisions at the general meeting of homeowners.

In-person and absentee voting combines both forms of conducting an OSS and allows you to discuss issues on the agenda in person and make decisions on them, as well as transfer decisions of homeowners by absentee voting within the prescribed period to the address specified in the notice of the event (Part 3 Article 47 of the Housing Code of the Russian Federation). Read more about this in our article.

This is convenient because if during the in-person voting there was not a quorum to make decisions on the issues on the agenda, then it can be achieved through absentee voting. Particularly relevant is the in-person and absentee voting form of homeowners when considering agenda items that require decisions to be made by 2/3 of the votes of the owners of premises in the apartment building (parts 1-3.1, 3.2-3.5 of Article 44 of the Housing Code of the Russian Federation). For example, these could be financial issues related to lending or the need to revise tariffs or carry out landscaping of the local area.

Step-by-step instructions for conducting OSS in the form of in-person and absentee voting

Step 1. Announcement

Any OSS begins with the announcement of the event and the convening of homeowners for it. an annual general meeting must be held in the second quarter of each year (part 1 of article 45 of the Housing Code of the Russian Federation). In addition, at the initiative of the management company, homeowners or an initiative group, extraordinary OSS can gather in the apartment building (parts 2, 6 and 7 of Article 45, as well as clause 8 of Article 148 of the Housing Code of the Russian Federation).

Step 2. Preparation

Formulate the agenda of the OSS, decide on the form of voting (in-person, absentee or in-person). When voting in person or in absentia, the agenda must be the same for both forms.

To conduct in-person or absentee voting, select the time and place for the OSS to discuss issues. Prepare an information message about holding a general meeting of homeowners (Order of the Ministry of Construction No. 411/pr dated July 31, 2014). You will also need OSS protocol , a register of owners of premises in this apartment building, and decision forms on agenda items.

Step 3. Notification

You must notify each owner of the premises in this apartment building by means of a written notice against signature, sending a registered letter to his address or posting on an information board in a place accessible to all residents 10 days before the date of the general meeting (Part 4 of Article 45 of the Housing Code of the Russian Federation ).

The notice of the general meeting must contain complete and reliable information about the initiator of the general meeting, the form of voting, the date, place and time of the event. The notification must also necessarily contain the agenda items and the procedure for familiarizing participants with the information and materials that will be presented at the event. When holding a general meeting in the form of in-person or absentee voting , the message will also need to indicate the deadline for accepting decisions of homeowners, the place or address where these decisions should be sent (Part 5 of Article 45 of the Housing Code of the Russian Federation).

When conducting an OSS in the form of in-person and absentee voting using the GIS Housing and Communal Services , the notification must additionally indicate information about the administrator of the OSS (name - for legal entities and full name - for individuals). In addition, the place and actual address, the date and time of the start and end of voting, the procedure and procedure for the reception by the administrator of the OSS of written decisions of homeowners on the agenda items are indicated (Part 4 of Article 47.1 of the Housing Code of the Russian Federation).

The in-person form of voting by homeowners involves both in-person and absentee voting, therefore, in the message about the general meeting, it is necessary to indicate 2 dates: the start of in-person voting and the time before which decisions are made by owners voting in absentia. Both dates are set 10 days before homeowners receive notice.

The sequence of the in-person and absentee parts of in-person voting is not defined, so both forms can be carried out either sequentially or in parallel, or even one form can be “inside” the other. The latter option is possible if the start date for accepting absentee decisions is set earlier than the time of the in-person meeting, and the end date for accepting absentee decisions is, accordingly, later than the date of the in-person meeting.

Step 4. Carrying out

When holding a general meeting in the form of in-person and absentee voting , participants must be given the opportunity to discuss issues on the agenda and submit voting forms within the prescribed period to the place or address specified in the notice (Part 3 of Article 47 of the RF Housing Code).

Voting using the GIS Housing and Communal Services is carried out by the owners of premises in the apartment building in person, indicating the decision on each item on the agenda in electronic form. It is also possible to transfer the decision to the OSS administrator in writing before the end date and time of voting (Part 6, Article 47.1 of the Housing Code of the Russian Federation).

Decisions of the OSS on agenda items are made by a majority vote of the total number of homeowners participating in the meeting (Part 1 of Article 46 of the Housing Code of the Russian Federation). The exception is decisions that are made by a majority of at least 2/3 of the votes of the total number of owners of premises in apartment buildings (clauses 1 - 3.1, part 2, article 44, part 1, article 46 of the Housing Code of the Russian Federation).

Step 5. Registration of voting results

The decision of the OCC is formalized in a protocol (Part 1, Article 46 of the RF Housing Code). In the case of an in-person and absentee meeting, the in-person and absentee votes are summed up, so the OSS protocol is drawn up alone. Decisions and minutes of the OSS are official documents certifying facts that entail legal consequences for the owners of premises in an apartment building in the form of responsibilities for the maintenance of common property in a given building. All decisions and minutes of the general meeting must be posted in the GIS Housing and Communal Services by the initiator of the meeting.

The minutes of the general meeting must contain the date, place and time of the general meeting and summing up the results, the agenda, the presence of a quorum, the number of votes “For”, “Against” and “Abstained” on each issue. There is no approved form of the protocol yet, but there is a draft Order of the Ministry of Construction on the preparation of OSS protocols.

The minutes of the OSS are signed by the chairman and secretary of the general meeting, as well as members of the counting commission (clause 22 section 6, clause 15 section 7 of the Methodological Recommendations approved by Order of the Ministry of Construction of the Russian Federation No. 411/pr dated July 31, 2014).

Regardless of the form of voting, the decision of homeowners on issues on the voting agenda must indicate (Part 5.1, Article 48 of the Housing Code of the Russian Federation):

  • information about the voting participant;
  • information about the document confirming the ownership of the apartment/room in the apartment building of the voting participant;
  • decisions on each item on the agenda: “for”, “against” and “abstained”.

The initiator of the general meeting must provide copies of the decisions and minutes of the general meeting to his management company within 10 days after the event (Part 1 of Article 46 of the Housing Code of the Russian Federation).

Decisions of the general meeting of owners of premises in an apartment building, adopted based on voting results using the GIS Housing and Communal Services, are automatically formed into the OSS protocol and posted in the system within one hour after the end of voting (Part 11 of Article 47.1 of the Housing Code of the Russian Federation).

The management company , within 5 days from the receipt of copies of the decisions and minutes of the OSSS, must, in the manner prescribed by law, send them to the State Housing Property Inspectorate for storage for 3 years, including using the GIS Housing and Communal Services (Part 1.1 of Article 46 of the Housing Code of the Russian Federation). That is, whether you hold an in-person meeting of homeowners the old fashioned way or using the system, in any case, copies of the decisions and minutes of the OSS will be sent to the State Housing Property Inspectorate. Only in the first case these will be paper copies, and in the second, electronic versions.

Step 6. Informing about voting results and decisions made

The voting results and decisions made at the OSS are brought to the attention of all homeowners by the initiator of the meeting within 10 days from the date of their adoption. The information is posted in a building accessible to all residents (Part 3 of Article 46 of the RF Housing Code). For example, on an information board or on the front door at the entrance.

Step 7. Posting voting results

Decisions of the owners of premises in apartment buildings, adopted during absentee voting at a general meeting, must be published no later than 10 days from the date of the general meeting in four sources of information disclosure approved by law:

  • on the website Reform LCD
  • on the website of the management company
  • on the GIS Housing and Communal Services website
  • on information stands in the management company office

For information on how to fill out information about a general meeting of owners of premises in an apartment building using the Ministry of Construction form 2.7, read here.

OCC decisions adopted by more than 50% of the total votes

  • on the timing and procedure for conducting the annual OSS and the procedure for notifying decisions made thereon (Part 1, Article 45 of the Housing Code of the Russian Federation);
  • on holding a general meeting in the form of absentee voting using the GIS Housing and Communal Services (clause 3.2, part 2, article 44 of the Housing Code of the Russian Federation);
  • on determining the administrator of the general meeting when conducting an OSS using the GIS Housing and Communal Services (Clause 3.3, Part 2, Article 44 of the Housing Code of the Russian Federation);
  • on the procedure for the administrator of the general meeting to receive messages about the conduct of the general meeting, decisions on agenda items, and the duration of voting (clause 3.4, part 2, article 44 of the Housing Code of the Russian Federation);
  • on the procedure for financing expenses associated with convening, organizing and holding a general meeting at the request of an initiative group of owners of premises in an apartment building (clause 3.5, part 2, article 44 of the Housing Code of the Russian Federation);
  • on choosing and changing the method of managing MKD (clause 4, part 2, article 44, part 3, article 161 of the Housing Code of the Russian Federation);
  • on the creation of a partnership and approval of its charter (part 2 of article 135, part 1 of article 136 of the Housing Code of the Russian Federation);
  • on the reorganization of the partnership (Article 140 of the Housing Code of the Russian Federation);
  • on the liquidation of the partnership if its members do not have more than 50% of the total number of votes of the owners of premises in the apartment building (Part 2 of Article 141 of the Housing Code of the Russian Federation);
  • on the selection of a management company and determination of the terms of the management agreement for apartment buildings (Part 1 of Article 162 of the Housing Code of the Russian Federation);
  • on the election and re-election of the council of the apartment building, if a homeowners association, TSN, housing cooperative or other specialized consumer cooperative has not been created in this house (Article 161.1 of the Housing Code of the Russian Federation);
  • on the use of GIS housing and communal services in the activities of the council of apartment buildings, its chairman, commissions of owners of premises in this building if they are elected (Part 13 of Article 161.1 of the Housing Code of the Russian Federation);
  • on the amount of payment for the maintenance of common property in an apartment building , if a partnership has not been created in it (Part 7, Article 156 of the Housing Code of the Russian Federation);
  • on payment for all or some utilities in the Russian North Ossetia (Part 7.1, Article 155 of the Housing Code of the Russian Federation);
  • on the current repair of common property in the apartment building (clause 4.1, part 2, article 44 of the Housing Code of the Russian Federation);
  • on the conclusion of contracts for the performance of work and the provision of services for the maintenance and repair of common property under direct management (Part 1 of Article 164 of the Housing Code of the Russian Federation);
  • on the selection of an authorized person on behalf of the owners in relations with third parties during the direct management of the house (Part 3 of Article 164 of the Housing Code of the Russian Federation);
  • on the place or address of storage of protocols and decisions of the OSS (Part 4 of Article 46 of the RF Housing Code);
  • on the election of a commission of owners of premises in the apartment building (Part 12, Article 161.1 of the Housing Code of the Russian Federation).

Decisions of the OCC adopted by a majority of at least two-thirds of the total number of votes

  • on the reconstruction of apartment buildings (extension or superstructure), construction of outbuildings and other buildings, structures, structures;
  • on the overhaul of common property in the apartment building , on the use of the overhaul fund (clause 1, part 2, article 44 of the Housing Code of the Russian Federation);
  • on the choice of the method of formation and the minimum size of the capital repair fund, the amount of contribution for capital repairs;
  • on the selection of a person authorized to open a special account at home and carry out transactions with the funds located on it, the selection of a Russian credit institution in which a special account should be opened (clause 1.1, part 2, article 44 of the Housing Code of the Russian Federation);
  • on obtaining a loan or loan for major repairs of common property in an apartment building;
  • on determining the essential terms of a credit agreement or loan agreement, conditions for obtaining a guarantee, surety, payment of interest on a loan or loan, payment from the capital repair fund of expenses for obtaining a guarantee or surety (clause 1.2, part 2, article 44 of the Housing Code of the Russian Federation);
  • on the use of a land plot under an apartment building, on the introduction of restrictions on use (clause 2, part 2, article 44 of the Housing Code of the Russian Federation);
  • on the use of common property by other persons, concluding agreements for the installation and operation of advertising structures (clause 3, part 2, article 44 of the Housing Code of the Russian Federation);
  • on the determination of persons who, on behalf of the owners of premises in apartment buildings, can enter into agreements on the use of common property on certain OSS conditions (clause 3.1, part 2, article 44 of the Housing Code of the Russian Federation);
  • on vesting the MKD council with the authority to make decisions on routine repairs of common property in the house (clause 4.2, part 2, article 44 of the Housing Code of the Russian Federation);
  • on vesting the chairman of the council of MKD with the authority to make certain decisions (clause 4.3, part 2, article 44 of the Housing Code of the Russian Federation);
  • on the creation of a partnership by owners of premises in several apartment buildings, if they are located on land plots with a common border, networks of engineering communications and infrastructure elements for the joint use and maintenance of more than one residential building (Clause 1, Part 2, Article 136 of the Housing Code of the Russian Federation ).

OSS decisions made by all owners

  • on reducing the size of common property in an apartment building through its reconstruction (clause 3 of article 36 of the Housing Code of the Russian Federation)
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